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the father's death, as set forth in GN 00306.420B.2., was repealed effective 01/01/95.
Paternity may be established if one of the following documents is filed with the clerk
of the superior court:
A birth certificate signed by the mother and father of a child born out of wedlock;
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
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
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.