Adoption can be incredibly exciting, especially when you are already involved in the child’s life on a day-to-day basis. Still, the Arizona stepparent adoption process can be an incredibly complex and overwhelming undertaking, full of difficult terminology, confusing procedures, and endless documents. Fortunately, with the help of an Arizona adoption lawyer, you can find a way through the stress and confusion and pursue your family’s dream future.
Stepparent adoption is incredibly common, and the Grand Canyon State is no different. In a recent Pew Research study, it was determined that roughly four out of every ten families have at least one relative that is either a stepparent, stepchild, or half-sibling. (Pew Research Center, 2011) The study estimates that 42% of all adults have a stepparent-stepchild relationship.
At The Valley Law Group, we believe in helping families achieve their desired outcomes, offering you the insight and knowledge you need to understand the process ahead. We enjoy walking alongside you from the start of your case to the finalization of the adoption.
Keep reading to learn more about the stepparent adoption process and visit our adoption legal services page for details on how our attorneys can guide you through each step.
Who Qualifies for Stepparent Adoption in Arizona?
Before you begin the intense journey of trying to adopt your stepchild, you may benefit from learning more about the necessary qualifications for adopting in Arizona.
Here are a few of the main things you will want to consider:
- Legal Adoption Age Requirement: Arizona state law requires a potential adopter to be at least 18 years old at the time of filing for adoption of their stepchild.
- The Child’s Age Requirement: According to Arizona law, a child must be 12 years or older in order to consent to step-parent adoption. Sometimes, however, this requirement may be waived depending on the circumstances of the potential adoption.
- The Marital Status of the Step-Parent: If a step-parent wants to adopt their partner’s child, they must have been married to the child’s parent for at least 1 year.
- Adoption Residency Requirements: To be eligible to adopt your stepchild, you are required to have lived with the child for at least 6 months.
- Adult Adoption: Adult adoption is also legal as long as the adult has given their consent. This kind of adoption is generally ceremonial, but can also be applied to unique circumstances surrounding the health and ability of the adult stepchild.
Consent for Stepparent Adoption and the Termination of Parental Rights
According to Arizona Revised Statutes 8-107, consent from the child’s biological parent is a mandatory part of the stepchild adoption process. Rev. Stat. § 8-106 states that, in order to adopt a stepchild, one must obtain the consent of specific individuals.
Here are some examples of the people and circumstances that may require such consent:
- The consent of a child who is 12 years or older and is willing and able to give consent in open court.
- The consent of the adoptive or birth mother of the child, if she is living
- The consent of the child’s father, provided any of the following circumstances apply:
- The child’s father and mother were married at the time of their conception or at any point between conception and the child’s birth. The only exception is if his paternity is excluded or another man’s paternity is established in accordance with Arizona law.
- The father’s paternity is established by Arizona law.
- The father has adopted the child.
- The consent of any currently appointed guardian of any adult parent
- Any court-appointed guardian of the child who has been given the authority by the court to consent to the child’s adoption
There are, however, situations where obtaining consent is not a legal requirement. Examples include the following individuals:
- Any adult with a currently appointed guardian
- Any parent whose parental rights have been terminated by a court order
- Any parent who previously consented to an agency’s or the division’s placement of their child for adoption
As mentioned above, parental consent is not required for stepparent adoption if the biological parent’s rights have been revoked by a court of law.
The Arizona Court System may terminate parental rights for one or more of the following reasons:
- Neglect: When a parent neglects their child, the Arizona court system can revoke parental rights.
- Abandonment: Parental rights may be terminated by the court if a parent has abandoned their child.
- Willful abuse: This occurs when a parent has willfully abused their child in any way, including physically, emotionally, sexually, or psychologically.
One potential obstacle that you may face in your pursuit of adopting your stepchild is locating an absent biological parent. If this is the case, there is still hope. Once an exhaustive search has been completed and you and the court have done every possible thing to locate the missing parent, you are free to file a request to terminate their parental rights. An adoption lawyer can help you take this step, as well as search for the absent parent.
Background Checks and Home Studies
In the state of Arizona, criminal background checks are a required part of the stepparent adoption process, as well as a review of the Department of Child Safety (DCS) Central Registry for both the stepparent and any additional adults in the household. While other varieties of adoption often require a full home study, this is typically not required in stepparent adoption cases unless it has been ordered by the court.
To carry out a full criminal background check, every adult in the home must consent to a fingerprint search.
Conviction of certain crimes can automatically disqualify an applicant, including the following examples:
- Certain Misdemeanor Convictions: It is common for misdemeanors related to and/or involving spousal abuse, child abuse or neglect, or domestic violence to disqualify a potential adoption candidate.
- Felony Convictions: If you have been convicted of certain violent or drug-related felonies within the past five years, it is likely your request will be disqualified.
- Other Crimes: Arizona tends to factor in, if not disqualify, cases where offenses involving sexual assault, homicide, or any other crime against a child.
Every adult living in the potential adoption household must be cleared through a DCS central registry check. This screening reviews records to determine if there are any substantiated reports of child abuse or neglect. If such claims are found, the case will likely be disqualified.
Once you have passed the background and DCS checks, the court may order a full home study. While this is generally not required for stepparent adoption cases, the court will still assess the suitability of the adoption applicant.
Documents and Filings Checklist
There are several different steps in the documentation side of stepparent adoption cases, including the following:
1.) Filing a Petition for Adoption with the Arizona Superior Court – Once you have gotten consent from all of the necessary parties, you can file a petition for adoption.
2.) Filing Potential Affidavits – One or more affidavits may be necessary, potentially including:
- The Affidavit of Non-Paternity – If the biological father of the child is unknown, the biological mother may be required to sign an affidavit listing any potential fathers.
- The Affidavit of Consent – Both the stepparent and the custodial biological parent must sign consent forms, which must often be notarized.
- The Affidavit of Diligent Search – If the absent biological parent cannot be located, the court may require an affidavit detailing the efforts made to locate them before terminating their parental rights.
- The Affidavit of Compliance –This notarized document confirms that all of the statutory requirements for stepparent adoption have been completed.
3.) Registering with the Putative Father Registry – This registry is maintained by the Department of Health Services with the purpose of protecting the rights of unmarried biological fathers by requiring them to be notified of an adoption proceeding.
4.) Serving Notice – Proper notice of the adoption hearing must be served on all “interested parties”. This typically includes:
- Any non-custodial biological parent whose parental rights have not previously been terminated
- Any potential fathers identified through the Putative Father Registry
- The stepparent and the custodial biological parent
Once these steps are completed, you will be heading toward the finalization stage. For additional information on the steps and documents of the stepparent adoption process, get your copy of our free guide to adoption.
What to Expect When Adopting a Stepchild in Arizona
Due to the unique nature of every stepparent adoption case, the amount of time required to finalize adoption tends to vary case by case. Arizona is no different, with diverse locations like Maricopa and Pinal.
The availability of your local court, the schedule of other parties involved, the search for an absent biological parent, and the complexity of your case are all examples of potential variables that could influence the duration of your adoption proceedings.
The Costs of Stepparent Adoption
The cost of a stepparent adoption in Arizona is generally lower than other forms of adoption, but it still depends on the unique details of your case. Unlike agency or international adoptions, stepparent adoptions do not involve placement fees, birth parent expenses, or the significant costs associated with working through an adoption agency.
Most expenses come from attorney fees, court filing fees, and any required background checks. The overall cost is also influenced by whether the adoption is contested or uncontested. If the noncustodial biological parent consents to the adoption, the process is typically faster and less expensive. If consent is not given, additional legal steps may be required, which can increase costs.
In short, stepparent adoptions are often more affordable because they focus primarily on legal and court-related expenses rather than agency or placement costs. Working with an experienced attorney can help you understand the fees involved in your specific situation and ensure the process moves forward efficiently.
The Final Hearing
The Final Order of Adoption is the last step in stepparent adoption finalization in Arizona. It usually involves the following:
- The Hearing – It is necessary for the child to attend unless the court orders otherwise.
- Judgment – If the court finds that the adoption aligns with the child’s best interest, the judge will sign the final order of adoption.
- The Legal Effect – The order legally establishes the stepparent as the child’s parent, therefore terminating the rights of the absent parent. A new birth certificate can then be issued.
Special Circumstances
No case is exactly like another – you may encounter anomalies that may require additional guidance. Here are some examples:
- Cases with a military or out-of-state parent
- Adult stepparent adoptions
- Cases with a nonconsenting parent, incarceration, or previous child abandonment
As is the case with every other step and variation in the stepparent adoption process, hiring a family law attorney can greatly improve your understanding of the adoption legal requirements and the likelihood of success.
Stepparent Adoption FAQS
Stepparent adoption in Arizona can be a complex process.
We’ve answered some of the most frequently asked questions below:
Get Legal Help with Your Adoption
The skilled family law attorneys at The Valley Law Group can help you and your family pursue the future you want. Our local attorneys are well-versed in the Arizona Family Court system and we are dedicated to helping Arizona families grow and prosper.
Contact us online today to schedule a consultation or reach out 24/7 at (480) 300-6012.
Sources:
- Pew Research Center. (2011, January 13). A portrait of stepfamilies. Retrieved March 31, 2025, from https://www.pewresearch.org/social-trends/2011/01/13/a-portrait-of-stepfamilies
- Smart Stepfamilies. (n.d.). Marriage, family & stepfamily statistics. Retrieved March 31, 2025, from https://smartstepfamilies.com/smart-help/marriage-family-stepfamily-statistics
- Arizona Department of Child Safety. (n.d.). FAQs: Foster Care and Adoption. Retrieved March 31, 2025, from https://dcs.az.gov/resource/faqs?field_faq_category_value=foster_care_and_adoption
- Adoption Network. (n.d.). Adoption consent laws by state. Retrieved March 31, 2025, from https://adoptionnetwork.com/adoptee-resources/adoption-consent-laws-by-state
- AZCourtHelp. (n.d.). Stepparent adoption. Retrieved March 31, 2025, from https://azcourthelp.org/browse-by-topic/adoption-info/familial-adoptions/1433-stepparent-adoption
- Arizona Revised Statutes § 14-8101. (n.d.). Definitions; Arizona Revised Uniform Adoption Act. Retrieved March 31, 2025, from https://www.azleg.gov/ars/14/08101.htm
- Arizona Revised Statutes § 8-107. (n.d.). Adoption; required consent. Retrieved March 31, 2025, from https://www.azleg.gov/ars/8/00107.htm
- Arizona Revised Statutes Title 8. (n.d.). Children. Retrieved March 31, 2025, from https://www.azleg.gov/arsDetail/?title=8
Ryan Reppucci, Founder/Director of Legal Operations of The Valley Law Group, is recognized as one of Phoenix’s leading family law attorneys. After graduating from Arizona State with the highest honors and inclusion in America’s most prestigious student honor societies, Ryan attended the University of Detroit Mercy School of Law. His career as a law student was decorated with numerous awards, including the University of Detroit Mercy School of Law Book Award, nomination for membership in Who’s Who Among Students in American Colleges and Universities, as well as Moot Court.