Ariz. Rev. Stat. » Title 25
Arizona Revised Statutes

Ariz. Rev. Stat. § 25-814 (2026)

Presumption of paternity

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. A man is presumed to be the father of the child if:

1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.

2. Genetic testing affirms at least a ninety-five per cent probability of paternity.

3. A birth certificate is signed by the mother and father of a child born out of wedlock.

4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.

B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted.  If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.

C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.

Notes of Decisions
Cited in 33 cases (9 in the last 5 years), 1998–2025 · leading case: Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016).
Sort: Relevance Newest Treatment
Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016). · cites it 25× “” Thus, “legal parent” includes a person whose paternity is established under § 25-814. ¶ 11 Section 25-814(A) provides, in relevant part, as follows: A.”
Andrew R. v. Arizona Dep't of Econ. Sec., 224 P.3d 950 (Ariz. Ct. App. 2010). · cites it 12× “§ 25-812(D), a voluntary acknowledgement of paternity properly executed may be filed with ADES, which shall provide a copy to the Department of Health Services, and those actions and that affidavit shall be deemed to be a determination of paternity given the same force and…”
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017). · cites it 48× “Arizona’s legislature has defined a “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated” and “does not include a person whose paternity has not been established” through voluntary acknowledgement or the presumption of paternity…”
Pettit v. Pettit, 189 P.3d 1102 (Ariz. Ct. App. 2008). · cites it 4× “Section 25-814(A) provides: A man is presumed to be the father of the child if: 1.”
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016). · cites it 4× “On March 24, about a month before the last day of the hearing, Frank filed an ex parte motion in the severance proceeding seeking to establish paternity and incorporating A.R.S. § 25-814(A)(2) (paternity presumed where “[g]enetic testing affirms at least a ninety-five per cent…”
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017). · cites it 2× “¶40 Mother further argues that because the actual birth certificate was not signed by Father, his paternity was not established pursuant to A.R.S. § 25-814(A)(3) (“A man is presumed to be the father of the child if .”
Marriage of Doty-Perez v. Doty-Perez, 388 P.3d 9 (Ariz. Ct. App. 2016). · cites it 8× “§ 8-117(A) (2014) states that an adoptive child should be treated as though the child was born “in lawful wedlock” she is deemed the presumptive second parent pursuant to A.R.S. § 25-814’s marital presumption. See A.”
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 2× “”); Ariz. Rev. Stat. Ann. § 25-814 (A)(1) (2012) (“A man is presumed to be the father of the child if .”
Stephenson v. Nastro in & for Cnty. of Maricopa, 967 P.2d 616 (Ariz. Ct. App. 1998). · cites it 5× “A.R.S. § 25-814. No requirement of filing a document with the superior court is mandated for this presumption to attach.”
Martin v. Hart, 429 P.3d 56 (Wyo. 2018). “Ariz. Rev. Stat. § 25-814 (A)(3) (LexisNexis 2018).”
Aranda v. Cardenas, 159 P.3d 76 (Ariz. Ct. App. 2007). · cites it 2× “Section 25-814 lists four situations in which a man is presumed to be the father of a child.”
In Re the Marriage of Worcester, 960 P.2d 624 (Ariz. 1998). · cites it 3× “It was renumbered as § 25-814 by 1996 Ariz. Sess. Laws, ch. 192, § 14.”
Show all 33 citing cases →
— Ariz. Rev. Stat. § 25-814(0) — 1 case
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017). “Arizona’s legislature has defined a “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated” and “does not include a person whose paternity has not been established” through voluntary acknowledgement or the presumption of paternity…”
— Ariz. Rev. Stat. § 25-814(A) — 7 cases
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017). “Arizona’s legislature has defined a “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated” and “does not include a person whose paternity has not been established” through voluntary acknowledgement or the presumption of paternity…”
Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016). “” Thus, “legal parent” includes a person whose paternity is established under § 25-814. ¶ 11 Section 25-814(A) provides, in relevant part, as follows: A.”
Pettit v. Pettit, 189 P.3d 1102 (Ariz. Ct. App. 2008). “Section 25-814(A) provides: A man is presumed to be the father of the child if: 1.”
Kimberly McLaughlin v. Hon. jones/suzan McLaughlin (Ariz. 2017).
In Re Dependency as to G.R. (Ariz. Ct. App. 2023).
— Ariz. Rev. Stat. § 25-814(A)(1) — 7 cases
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “”); Ariz. Rev. Stat. Ann. § 25-814 (A)(1) (2012) (“A man is presumed to be the father of the child if .”
Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016). “” Thus, “legal parent” includes a person whose paternity is established under § 25-814. ¶ 11 Section 25-814(A) provides, in relevant part, as follows: A.”
Kimberly McLaughlin v. Hon. jones/suzan McLaughlin (Ariz. 2017).
Ezell v. Tapia (Ariz. Ct. App. 2018).
Lacey v. Shinn (D. Ariz. 2020).
— Ariz. Rev. Stat. § 25-814(A)(2) — 7 cases
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016). “On March 24, about a month before the last day of the hearing, Frank filed an ex parte motion in the severance proceeding seeking to establish paternity and incorporating A.R.S. § 25-814(A)(2) (paternity presumed where “[g]enetic testing affirms at least a ninety-five per cent…”
Terrell v. Torres, 438 P.3d 681 (Ariz. Ct. App. 2019).
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017). “Arizona’s legislature has defined a “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated” and “does not include a person whose paternity has not been established” through voluntary acknowledgement or the presumption of paternity…”
In Re Term of Parental Rights as to M.N., 549 P.3d 200 (Ariz. Ct. App. 2024).
Terrell v. Torres (Ariz. Ct. App. 2019).
— Ariz. Rev. Stat. § 25-814(A)(3) — 4 cases
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017). “¶40 Mother further argues that because the actual birth certificate was not signed by Father, his paternity was not established pursuant to A.R.S. § 25-814(A)(3) (“A man is presumed to be the father of the child if .”
Johnny R. v. Dcs, A.S. (Ariz. Ct. App. 2023).
In Re Term of Parental Rights as to S.C. (Ariz. Ct. App. 2023).
Gutierrez v. Gutierrez (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 25-814(A)(4) — 5 cases
Andrew R. v. Arizona Dep't of Econ. Sec., 224 P.3d 950 (Ariz. Ct. App. 2010). “§ 25-812(D), a voluntary acknowledgement of paternity properly executed may be filed with ADES, which shall provide a copy to the Department of Health Services, and those actions and that affidavit shall be deemed to be a determination of paternity given the same force and…”
Stephenson v. Nastro in & for Cnty. of Maricopa, 967 P.2d 616 (Ariz. Ct. App. 1998). “A.R.S. § 25-814. No requirement of filing a document with the superior court is mandated for this presumption to attach.”
Albert L. v. Dcs, B.T. (Ariz. Ct. App. 2022).
In Re Term of Parental Rights as to S.C. (Ariz. Ct. App. 2023).
ades/anderson v. Ayiyi (Ariz. Ct. App. 2015).
— Ariz. Rev. Stat. § 25-814(A)(l) — 7 cases
Pettit v. Pettit, 189 P.3d 1102 (Ariz. Ct. App. 2008). “Section 25-814(A) provides: A man is presumed to be the father of the child if: 1.”
Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016). “” Thus, “legal parent” includes a person whose paternity is established under § 25-814. ¶ 11 Section 25-814(A) provides, in relevant part, as follows: A.”
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017). “Arizona’s legislature has defined a “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated” and “does not include a person whose paternity has not been established” through voluntary acknowledgement or the presumption of paternity…”
Marriage of Doty-Perez v. Doty-Perez, 388 P.3d 9 (Ariz. Ct. App. 2016). “§ 8-117(A) (2014) states that an adoptive child should be treated as though the child was born “in lawful wedlock” she is deemed the presumptive second parent pursuant to A.R.S. § 25-814’s marital presumption. See A.”
Bill W. Castillo v. Thania N. Lazo, 386 P.3d 839 (Ariz. Ct. App. 2016).
— Ariz. Rev. Stat. § 25-814(C) — 17 cases
Andrew R. v. Arizona Dep't of Econ. Sec., 224 P.3d 950 (Ariz. Ct. App. 2010). “§ 25-812(D), a voluntary acknowledgement of paternity properly executed may be filed with ADES, which shall provide a copy to the Department of Health Services, and those actions and that affidavit shall be deemed to be a determination of paternity given the same force and…”
Kimberly McLaughlin v. Suzan McLaughlin, 382 P.3d 118 (Ariz. Ct. App. 2016). “” Thus, “legal parent” includes a person whose paternity is established under § 25-814. ¶ 11 Section 25-814(A) provides, in relevant part, as follows: A.”
Aranda v. Cardenas, 159 P.3d 76 (Ariz. Ct. App. 2007). “Section 25-814 lists four situations in which a man is presumed to be the father of a child.”
In Re the Marriage of Worcester, 960 P.2d 624 (Ariz. 1998). “It was renumbered as § 25-814 by 1996 Ariz. Sess. Laws, ch. 192, § 14.”
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017). “Arizona’s legislature has defined a “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated” and “does not include a person whose paternity has not been established” through voluntary acknowledgement or the presumption of paternity…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.