A. A person who is seeking paternity, who wants to receive notice of adoption proceedings and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the state registrar of vital statistics in the department of health services. The department of health services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the department of health services, the office of the clerk of the board of supervisors in each county, every hospital, every licensed child placement agency, the department of economic security, the department of child safety, sheriff's offices, jails, prisons, state department of corrections facilities and department of juvenile corrections facilities.
B. The notice of a claim of paternity may be filed before the birth of the child but shall be filed within thirty days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the registrar of vital statistics of any change of his address. The department of health services shall maintain a confidential registry for this purpose. The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption. The department shall provide a certificate signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers listing all filings found or stating that no filing has been found pertaining to the father of the child in question.
C. If the court determines the claimant is not the child's father it shall notify the department of health services and shall order the department to remove that person's name from the putative fathers registry.
D. If the mother denies that the putative father filing the notice of a claim of paternity is the father, the department of health services shall notify the putative father of his responsibility to establish paternity.
E. A putative father who does not file a notice of a claim of paternity as required under this section waives his right to be notified of any judicial hearing regarding the child's adoption and his consent to the adoption is not required, unless he proves, by clear and convincing evidence, both of the following:
1. It was not possible for him to file a notice of a claim of paternity within the period of time specified in subsection B of this section.
2. He filed a notice of a claim of paternity within thirty days after it became possible for him to file.
F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to file. The fact that the putative father had sexual intercourse with the mother is deemed to be notice to the putative father of the pregnancy.
G. When a certificate provided pursuant to subsection B of this section is received by the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption from the department that lists filings of a putative father or fathers, the putative father or fathers who filed timely notices of claims of paternity and who have not previously been served shall be served with the notice prescribed in section 8-106, subsection G. A putative father who fails to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days of completion of service of the notice prescribed in section 8-106 is barred from bringing or maintaining any action to assert any interest in the child.
H. If in any adoption proceeding there is not a showing that a putative father has consented to the adoption or has waived his rights regarding the proposed adoption, the petitioner shall file with the court, before the court enters a final decree of adoption, a certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers and that no filing has been found pertaining to the father of the child in question.
Notes of Decisions
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
· cites it 88× “§ 8- 533(B)(6), for failing to file a notice of paternity in compliance with A.R.S. § 8-106.01, Arizona’s putative fathers registry.”
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
· cites it 32× “Petitioners moved to dismiss the paternity case, and Father moved to set aside the adoption. Paternity testing established Father as A.”
Marco C. v. Sean C., 181 P.3d 1137 (Ariz. Ct. App. 2008).
· cites it 16× “We conclude the court correctly found Marco failed to comply with the requirements of A.R.S. § 8-106.01 and thus did not err. *218 ¶ 2 Sylvia G.”
In Re Term of Parental Rights as to M.N., 563 P.3d 136 (Ariz. 2025).
· cites it 30× “See A.R.S. §§ 8-106.01, -533(B)(6). ¶2 We hold that a man identified as a potential father under § 8-106(F) and served with notice under § 8-106(G) is not required to file a notice of a claim of paternity with the putative fathers registry.”
Alvarado v. Thomson, 375 P.3d 77 (Ariz. Ct. App. 2016).
· cites it 4× “Moreover, although it is undisputed that Murrietta failed to make a filing with the putative fathers registry, A.R.S. § 8-106.01, there is no pending adoption or severance that would make such a failure relevant, see A.”
David C., Kim C. v. Alexis S., A.C., 358 P.3d 595 (Ariz. Ct. App. 2015).
· cites it 15× “The court acknowledged that Biological Father had not filed a notice of claim of paternity with the putative fathers registry as required by A.R.S. § 8-106.01. Nevertheless, the court concluded that, because Biological Father had filed a paternity action and timely served…”
Richard M. v. Patrick M., 462 P.3d 569 (Ariz. Ct. App. 2020).
· cites it 7× “In short, Arizona’s putative fathers registry (A.R.S. § 8-106.01), termination statutes (A.”
Matter of Juv. Action No. JS-8490, 876 P.2d 1137 (Ariz. 1994).
· cites it 4× “[6] See also A.R.S. § 8-106.01 (eff. July 17, 1994). This new legislation, which drastically changes Arizona's adoption and termination statutes, provides that lack of notice of the pregnancy and birth is not an acceptable reason for failing to assert parental rights.”
R.C.S. v. A.O.L., 298 P.3d 1251 (Utah 2012).
“Code § 26-10C-1 (a)(2) (requiring a state agency to establish a registry with information on individuals who have “filed with the registry before or after the birth of a child bom out of wedlock, a notice of intent to claim paternity of the child”); Ariz.Rev.Stat. Ann. §…”
Roger S. v. James S., 495 P.3d 327 (Ariz. Ct. App. 2021).
· cites it 6× “¶27 Citing A.R.S. § 8-106.01(E) and (F), Roger argues James waived his right to claim paternity by failing to file with the Arizona Putative Father Registry within 30 days of the child’s birth.”
In re Baby Girl P., 802 A.2d 1192 (N.H. 2002).
“See Ariz. Rev. Stat. Ann. § 8-106.01 (B) (West 1999).”
— Ariz. Rev. Stat. § 8-106.01(A) — 8 cases
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
“Petitioners moved to dismiss the paternity case, and Father moved to set aside the adoption. Paternity testing established Father as A.”
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“§ 8- 533(B)(6), for failing to file a notice of paternity in compliance with A.R.S. § 8-106.01, Arizona’s putative fathers registry.”
In Re Term of Parental Rights as to M.N., 563 P.3d 136 (Ariz. 2025).
“See A.R.S. §§ 8-106.01, -533(B)(6). ¶2 We hold that a man identified as a potential father under § 8-106(F) and served with notice under § 8-106(G) is not required to file a notice of a claim of paternity with the putative fathers registry.”
R.C.S. v. A.O.L., 298 P.3d 1251 (Utah 2012).
“Code § 26-10C-1 (a)(2) (requiring a state agency to establish a registry with information on individuals who have “filed with the registry before or after the birth of a child bom out of wedlock, a notice of intent to claim paternity of the child”); Ariz.Rev.Stat. Ann. §…”
Marco C. v. Sean C., 181 P.3d 1137 (Ariz. Ct. App. 2008).
“We conclude the court correctly found Marco failed to comply with the requirements of A.R.S. § 8-106.01 and thus did not err. *218 ¶ 2 Sylvia G.”
— Ariz. Rev. Stat. § 8-106.01(B) — 6 cases
Marco C. v. Sean C., 181 P.3d 1137 (Ariz. Ct. App. 2008).
“We conclude the court correctly found Marco failed to comply with the requirements of A.R.S. § 8-106.01 and thus did not err. *218 ¶ 2 Sylvia G.”
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“§ 8- 533(B)(6), for failing to file a notice of paternity in compliance with A.R.S. § 8-106.01, Arizona’s putative fathers registry.”
In Re Term of Parental Rights as to M.N., 563 P.3d 136 (Ariz. 2025).
“See A.R.S. §§ 8-106.01, -533(B)(6). ¶2 We hold that a man identified as a potential father under § 8-106(F) and served with notice under § 8-106(G) is not required to file a notice of a claim of paternity with the putative fathers registry.”
— Ariz. Rev. Stat. § 8-106.01(E) — 11 cases
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“§ 8- 533(B)(6), for failing to file a notice of paternity in compliance with A.R.S. § 8-106.01, Arizona’s putative fathers registry.”
Marco C. v. Sean C., 181 P.3d 1137 (Ariz. Ct. App. 2008).
“We conclude the court correctly found Marco failed to comply with the requirements of A.R.S. § 8-106.01 and thus did not err. *218 ¶ 2 Sylvia G.”
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
“Petitioners moved to dismiss the paternity case, and Father moved to set aside the adoption. Paternity testing established Father as A.”
Alvarado v. Thomson, 375 P.3d 77 (Ariz. Ct. App. 2016).
“Moreover, although it is undisputed that Murrietta failed to make a filing with the putative fathers registry, A.R.S. § 8-106.01, there is no pending adoption or severance that would make such a failure relevant, see A.”
David C., Kim C. v. Alexis S., A.C., 358 P.3d 595 (Ariz. Ct. App. 2015).
“The court acknowledged that Biological Father had not filed a notice of claim of paternity with the putative fathers registry as required by A.R.S. § 8-106.01. Nevertheless, the court concluded that, because Biological Father had filed a paternity action and timely served…”
— Ariz. Rev. Stat. § 8-106.01(G) — 7 cases
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“§ 8- 533(B)(6), for failing to file a notice of paternity in compliance with A.R.S. § 8-106.01, Arizona’s putative fathers registry.”
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
“Petitioners moved to dismiss the paternity case, and Father moved to set aside the adoption. Paternity testing established Father as A.”
Richard M. v. Patrick M., 462 P.3d 569 (Ariz. Ct. App. 2020).
“In short, Arizona’s putative fathers registry (A.R.S. § 8-106.01), termination statutes (A.”
David C., Kim C. v. Alexis S., A.C., 358 P.3d 595 (Ariz. Ct. App. 2015).
“The court acknowledged that Biological Father had not filed a notice of claim of paternity with the putative fathers registry as required by A.R.S. § 8-106.01. Nevertheless, the court concluded that, because Biological Father had filed a paternity action and timely served…”
— Ariz. Rev. Stat. § 8-106.01(H) — 4 cases
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
“Petitioners moved to dismiss the paternity case, and Father moved to set aside the adoption. Paternity testing established Father as A.”
Richard M. v. Patrick M., 462 P.3d 569 (Ariz. Ct. App. 2020).
“In short, Arizona’s putative fathers registry (A.R.S. § 8-106.01), termination statutes (A.”
David C., Kim C. v. Alexis S., A.C., 358 P.3d 595 (Ariz. Ct. App. 2015).
“The court acknowledged that Biological Father had not filed a notice of claim of paternity with the putative fathers registry as required by A.R.S. § 8-106.01. Nevertheless, the court concluded that, because Biological Father had filed a paternity action and timely served…”
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