Paternity Testing Information for the
Arizona (AZ)
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The Arizona Statute
A. Proceedings to establish maternity and paternity shall have
precedence over other civil proceedings. The case shall be set for
trial within sixty days from the filing of an answer or oral
denial by the defendant.
B. A delay in determining paternity in an action commenced
prior to the birth of the child shall be granted until after the
birth of the child for purposes of paternity tests if any party to
the proceedings requests.
C. The court, on its own motion, or on motion of any party to
the proceedings, shall order the mother, her child or children and
the alleged father to submit to the drawing of blood samples or
the taking of deoxyribonucleic acid probe samples, or both, and
shall direct that inherited characteristics, including but not
limited to blood and tissue type, be determined by appropriate
testing procedures. An expert duly qualified as an examiner of
genetic markers shall be agreed upon by the parties or appointed
by the court to analyze and interpret the results and report to
the court.
D. If the results of the blood tests indicate that the
likelihood of the alleged father's paternity is ninety-five per
cent or greater, the alleged father is presumed to be the parent
of the child and the party opposing the establishment of the
alleged father's paternity shall establish by clear and convincing
evidence that the alleged father is not the father of the child.
E. The examiner's report shall be admitted at trial unless a
timely written challenge to the examiner's report is filed with
the court within twenty-one days of the initial trial date. If the
results of the examiner's report have been challenged and on the
reasonable request of a party, the court shall order an additional
test to be made by the same laboratory or an independent
laboratory at the expense of the party requesting additional
testing.
F. If a timely written challenge is not filed pursuant to
subsection E, the examiner's report is admissible in evidence
without the need for foundation testimony or other proof of
authenticity or accuracy.
G. The court shall, on application of either party, determine
the proportion and time in which the initial test costs shall be
paid.
H. On motion of a party to the proceedings, the court may order
that experts perform alternative or additional tests including
medical, scientific and genetic tests.
This information is provided for reference only
