TN 90 (11-23)

GN 00306.420 Arizona Intestacy Laws

1. A. 

   A child born after 03/17/21 and prior to 01/01/74, whether born in that State or another State, is considered the legitimate child of its natural father regardless of the father's domicile at the time the child was born, provided the father was domiciled in Arizona at some time after the child's birth. If the father was not domiciled in Arizona at the time of his death but had been domiciled there some time after the child's birth, the State of the father's domicile will consider the child legitimate unless strong public policy forbids it. In the absence of a precedent opinion, submit to the Office of the General Counsel (OGC) under GN 01010.815 ff. In the case of a posthumous child, the natural father's Arizona domicile at his death makes such child the legitimate child of the natural father.

   NOTE: Effective 09/12/75, as a matter of law, every child became the legitimate child of both of its parents, such that all legitimation requirements for intestate inheritance were eliminated.

2. B. 

   Effective 01/01/74 and prior to 01/01/95, a person born out of wedlock is a child of the mother. That person is also a child of the father if either:

   1. 1. 

      (I) the natural parents participated in a marriage ceremony before or after the child's birth, even though the attempted marriage is void, or

   2. 2. 

      (I) paternity is established in an adjudication before the father's death, or is established thereafter by clear and convincing proof.

   NOTE: Paternity established under GN 00306.420B.2. will not confer the status of parent on the father, for purposes of the father's inheritance through the child, unless the father has openly treated the child as his and has not refused to support the child.

3. C. 

   Effective 01/01/95, a person is the child of that person's natural parents, regardless of their marital status, as may be established by a preponderance of the evidence.

4. D. 

   Effective 01/01/95, a claimant may establish the natural parent-child relationship in any of the ways listed below. Unless otherwise indicated, the standard of proof to be applied is a preponderance of the evidence.

   NOTE: The clear and convincing evidence standard of proof for establishing paternity after the father's death, as set forth in GN 00306.420B.2., was repealed effective 01/01/95.

   1. 1. 

      Paternity may be established if one of the following documents is filed with the clerk of the superior court:

      1. a. 

         A birth certificate signed by the mother and father of a child born out of wedlock; or

      2. b. 

         A notarized statement that contains the Social Security numbers of both parents and that is signed by both parents acknowledging paternity or separate substantially similar notarized statement acknowledging paternity; or

      3. c. 

         An agreement by the parents to be bound by the results of genetic testing, including any genetic test previously accepted by a court of competent jurisdiction, or any combination of genetic testing agreed upon by the parties, and an affidavit from a certified laboratory that the tested father has not been excluded.

   When the parents have filed any of the documents above with the clerk of the superior court, the clerk shall issue an order establishing paternity. The order shall include the Social Security number of the parents. This paternity determination order has the same force and effect as a judgment of the superior court.

   NOTE: The court may vacate the determination of paternity if the voluntary acknowledgment is challenged in court and the court finds that genetic tests demonstrate that the established father in the acknowledgment is not the biological father of the child.

   For claims filed on or after 11/27/98, or pending on that date, a paternity determination order issued by the clerk of the superior court is no longer required, although SSA will always honor any such existing orders as the final expression of Arizona law. In the absence of an existing order, however, SSA may make the determination based on one of the requirements in GN 00306.420D.1. being met.

   Paternity may also be established by filing with the Department of Health Services a notarized statement that contains the Social Security numbers of both parents, that is signed by both parents, and that acknowledges paternity or by separate but substantially similar notarized statements that acknowledge paternity. A notarized statement that acknowledges paternity may be filed with the Arizona Department of Economic Security. This statement is a determination of paternity and has the same force and effect as a superior court judgment.

   NOTE: Make sure that the voluntary acknowledgment has not been vacated or rescinded. Voluntary acknowledgments can be challenged by a mother, father, or child in court. If a court finds by clear and convincing evidence that the genetic tests demonstrate the established father in the acknowledgment is not the biological father of the child, the court shall vacate the determination of paternity. A mother or father may rescind an acknowledgment of paternity within the earlier of:

   • •

     Sixty days after the last signature affixed to the notarized acknowledgment of paternity that is filed with the court, Department of Health Services, or Department of Economic Security; or

   • •

     The date of a proceeding relating to the child, including a child support proceeding in which the mother and father is a party. A copy of the rescission shall be filed with the Department of Health Services; contact this department to determine if the acknowledgment has been rescinded.

1. 2. 

   A man is presumed to be the father of a child if he and the mother 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. This presumption may be rebutted only by clear and convincing evidence. Also, a court decree establishing paternity of the child by another man rebuts this presumption.

   NOTE: If another man is presumed to be the father, 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 cannot be reasonably located, paternity may be established without written consent.

2. 3. 

   A man is presumed to be the father of a child if a birth certificate is signed by the mother and father of a child born out of wedlock. This presumption may be rebutted only by clear and convincing evidence, including clear and convincing evidence of fraud, duress, or mistake of fact. Also, a court decree establishing paternity of the child by another man rebuts the presumption.

3. 4. 

   A man is presumed to be the father of a child if a notarized statement is signed by both parents acknowledging paternity or separate substantially similarly notarized statements are signed acknowledging paternity. This presumption may be rebutted only by clear and convincing evidence, including clear and convincing evidence of fraud, duress, or mistake of fact. Also, a court decree establishing paternity of the child by another man rebuts the presumption.

4. 5. 

   A man is presumed to be the father of a child if genetic testing affirms at least 95% probability of paternity. An expert duly qualified as a examiner of genetic markers shall analyze and interpret the results. This presumption may be rebutted only be clear and convincing evidence. If the test results are challenged by a party, additional tests should be conducted at the same laboratory or an independent laboratory. Also, a court decree establishing paternity of the child by another man rebuts the presumption.

If two or more presumptions under GN 00306.420D.2., GN 00306.420D.3., GN 00306.420D.4., or GN 00306.420D.5. apply, the presumption based on weightier considerations of policy and logic will control.