Legal Question in Family Law in Arizona

If you were married in Arizona and conceived a child in Arizona by way of in-vitro fertilization and the father in not the biological parent and all three move to Texas...is the father suppose to legally adopt the child as his own or is he by default the parent of that child through marriage or by signing the child's birth certificate?


Asked on 1/17/11, 5:48 pm

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

I am not sure I completely understand the question. BUT, IN ARIZONA, a child born during the marriage is PRESUMED to be a child of that marriage. HOWEVER, if you want to insure that the biological Father can never come and claim Paternity, then that person's rights must be terminated, and the child can then be adopted by the married Father (although that may not be totally necessary once the bio-dad's rights are terminated.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 1/25/11, 6:53 am


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