Arizona Court of Appeals Answers the Question “Who’s Your Daddy?”

Arizona Court of Appeals Addresses Paternity Issues

McQuillen v. Hufford; 1 CA-CV 19-0240 FC (April 30, 2020)

Mother filed a petition to establish that Father was the father of her child, and to order Father to pay future child support as well as support dating back to the child’s birth.  Mother’s petition, however, also referred to a voluntary acknowledgement of paternity filed with the Arizona Department of Economic Security by Mother and another man (referred to as “Voluntary Father”).  Mother and Voluntary Father affirmed “under penalty of perjury” that Voluntary Father was the child’s father, and that their acknowledgment would result in a legal determination of paternity.  As a result of the filing, the child’s birth certificate was amended to reflect Voluntary Father as the child’s father.

Genetic testing revealed that Father was actually the child’s biological father.  Despite the result of genetic testing, Father filed a motion for summary judgment precluding a finding of paternity that contradicted Mother’s and Voluntary Father’s sworn acknowledgement of paternity.  Mother argued that the acknowledgement was false, and attempted to set aside the acknowledgment based on her own fraud.

The Court’s analysis focused on the relevant provisions of A.R.S. §§ 25-812 and 814.  Under section 812, paternity can be established by signing an acknowledgement like the one Mother and Voluntary Father signed.  By statute, a voluntary acknowledgment “has the same force and effect as a superior court judgment.”  A.R.S. § 25-812(D). 

Section 814 sets forth presumptions of paternity, including:

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 . . . .

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.

These presumptions can be rebutted by clear and convincing evidence – the strictest non-criminal evidentiary standard under the law. 

Based on these statutes, Mother argued that the presumption based on genetic testing outweighed the presumption based on her and Voluntary Father’s acknowledgement of paternity.  Father argued that the acknowledgment outweighed the genetic testing.

The court of appeals concluded that the trial court could only consider Father’s genetic testing only if it first set aside the paternity acknowledgment signed by Mother and Voluntary Father.  By statute, the acknowledgement could be set aside only on the basis of fraud, duress or mistake of material fact.”  A.R.S. § 25-812(E); Ariz. R. Fam. Law. Proc. 85(b). 

The court of appeals did not accept Mother’s argument that the acknowledgment was invalid on the basis of fraud, because she was the one who committed the fraud by signing a false acknowledgment.  Only an innocent party is entitled to relief by the fraud of others. 

The result of the case was that the Voluntary Father remains legally responsible for the child, despite the genetic testing conclusively establishing that Father is the child’s biological father.  This is a reminder to be careful what you sign.

If your situation involves questions of paternity, please feel free to schedule a free consultation with the Moon Law Firm, PLC.