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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
paternity; genetic testing; support obligation
Purpose
Allows the court to terminate a child support obligation if subsequent genetic testing affirms that a presumed father is not the biological father of the child.
Background
In any proceeding involving child support, the court may order one or both parents to pay an amount necessary for the support of a child. A child support obligation vests as each installment becomes due and is enforceable as final judgment by operation of law. Child support orders may be modified or terminated only on a showing of changed circumstances that are substantial and continuing (A.R.S. § 25-503).
A man is presumed to be the father of a child if he was married to the child's mother within 10 months preceding the birth, if genetic testing affirms at least a 95 percent probability of paternity, if both parents sign the birth certificate of a child born out of wedlock, or if both parents sign a notarized or witnessed acknowledgment of paternity. A presumption of paternity may be rebutted only by clear and convincing evidence, and if multiple presumptions apply, the court determines which presumption controls based on weightier considerations of policy and logic (A.R.S. § 25-814).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Negates a paternity presumption and responsibility for financial support obligations if genetic testing affirms that a presumed father is not the biological father of the child.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2026
ZD/MY/ci