Around five million Americans are adoptees. Adoptions in Arizona happen for a wide range of reasons, but this process of transferring parental rights often brings hope and new opportunities for children, teens, and their new parents. We celebrate National Adoption Week every third week in October and Adoption Awareness Month in November to reflect on the transformative opportunities that adoption brings both parents and children.
During both National Adoption Week and Adoption Awareness Month, it is important to explore adoption from various perspectives. That’s why we invite both adoptees and adoptive parents to share their experiences with others facing the process. We also seek to dispel adoption myths to improve the chances that children awaiting adoption can find loving homes.
The attorneys at The Valley Law Group know how daunting the adoption process can seem to prospective new parents. To help you more effectively approach this important topic, we’ve assembled some background information about the state’s adoption laws.
Arizona Adoption Laws
Arizona adoption laws were put in place to ensure that the process of adopting a child is thorough, fair, and in the best interest of all parties involved, especially the child. Whether you’re seeking to adopt or place a child for adoption, understanding Arizona’s specific requirements is essential to navigate the process smoothly.
Laws exist to regulate every aspect of the adoption process.
Eligibility to Adopt
Arizona statute ARS § 8-103 requires anyone seeking to adopt a minor child to be at least 18 years old. Under the law, married couples must adopt jointly unless they are legally separated. The law allows single individuals, married couples, and same-sex couples to adopt as long as the best interests of the child are prioritized during the adoption process.
Home Study Requirement
Arizona’s ARS § 8-105 establishes the requirement that any person seeking to adopt must first be certified to adopt. To be found acceptable to adopt, the courts will conduct a home study or pre-placement investigation. This study is conducted by a licensed social worker or adoption agency. The study assesses the safety and suitability of the home environment and the adoptive parents’s stability.
Consent to Adopt
Statute ARS § 8-106 requires legal guardians and birth parents to consent to their children being adopted unless their rights have been terminated. Consent may be given at any time after the child’s birth. Their consent is also required for children aged 12 and older unless the court finds it unnecessary.
Grounds for Termination of Parental Rights
Grounds for parental rights termination are outlined in ARS § 8-533. Under this law, parental rights can be terminated if the parent engages in child abandonment, abuse, or neglect. Before an adoption can proceed, the parental rights of the biological parents must be terminated, either voluntarily or involuntarily. Grounds for involuntary termination could also include long-term mental illness or substance abuse as determined by a court.
Finalization of Adoption
Arizona revised statute § 8-116 details the process of finalizing an adoption. The judge reviews the case and determines if the adoption is in the child’s best interest. Once approved, the adoption becomes legally binding, granting the adoptive parents the same legal rights and responsibilities as biological parents.
Interstate Compact on the Placement of Children
The Interstate Compact on the Placement of Children was established in 1960 to ensure children have stability and safety when adopted across state lines. Adopting a child from another state is similar to adopting within Arizona but requires the involvement of a licensed adoption agency, a home study, and a background check. Additionally, you need to comply with the adoption laws of both states, with the ICPC overseeing the process when moving the child between states.
Understanding Arizona’s adoption laws and the ICPC can be difficult, which is why many adopting mothers and fathers seek legal representation to ensure the proper drafting and filing of documents and that all applicable laws are followed throughout the process. Adoptions in Arizona need not be difficult with the help of a skilled family law attorney.
Types of Adoption
Adoption comes in various forms, with each providing a unique route to legal parenthood. Knowing the differences between these options helps families select the path that best fits their circumstances.
Private Adoptions
Private adoption is a common method of adoption in Arizona. The child is placed with potential adoptive parents, thereby bypassing the need for the involvement of an agency. In these situations, the birth mother typically agrees to terminate her parental rights voluntarily. This allows the child to move into the adoptive home without the intervention of the foster care system.
Private adoptions offer more flexibility and control to both the adoptive families and the birth parents. The process often moves faster since there are fewer institutional steps to navigate. However, private adoption requires careful legal oversight to protect all parties’ rights.
Adoption Agencies
Adoption agencies offer another means of adopting a child. In this type of adoption, an adoption agency assists in finding a suitable child for adoption. The agency works to match children with adoptive parents based on compatibility.
Both local and national adoption agencies provide valuable resources and support throughout the process. Choosing between a local or national agency is a personal decision. Either option offers a structured pathway to adoption with safeguards like background checks, home studies, and post-placement supervision to ensure a stable transition.
Step-Parent Adoption
Step-parent adoption occurs when a step-parent seeks to adopt their spouse’s child legally, provided the biological parent’s rights have been terminated. The step-parent must have been married to the child’s parent for at least one year. The child must also have resided with the step-parent for a minimum of six months.
This type of adoption creates a legal parent-child relationship. The step-parent gains the rights and responsibilities of a biological parent. Step-parent adoptions can be more straightforward than other forms of adoption but still require legal steps. It is advisable to work with a family law attorney to ensure that all legal requirements are met throughout the process.
Relative Adoption
Relatives often face more limited barriers to adopting than non-relatives. Grandparents, aunts, uncles, siblings, and even older cousins are eligible to adopt under Arizona’s adoption laws. Simplifying the certification process is the closeness of the family connection that ensures a sense of continuity for the child since the minor child likely knows the relative. While Arizona legal requirements still apply, the familiarity between parties often accelerates the adoption process, and consulting a lawyer ensures all obligations are properly met.
Indian Child Adoption
Adoptions involving Native American children in Arizona must adhere to the Indian Child Welfare Act (ICWA) of 1978, a law designed to protect Native American children and preserve their cultural ties. The ICWA ensures that tribal families are prioritized in placement efforts and requires that tribes be notified and involved in custody proceedings.
Adult Adoption
In Arizona, adults can adopt other adults under specific circumstances, such as a step-parent wanting to adopt their adult step-child. Adult adoptions are commonly sought to formalize long-standing relationships, like those between foster parents and their former foster children.
The process is typically less complex than adopting a minor since birth parents do not need to be notified or give consent. Adult adoption can provide both emotional and legal advantages by strengthening family ties and establishing inheritance rights.
Birth Parent Rights in Arizona
Arizona mandates a 72-hour waiting period after childbirth before the adoption process can begin. The mother’s consent is required unless her parental rights have been terminated. The biological father has fewer rights in that regard and is only required to consent if he has been married to the mother for at least ten months before the child’s birth or if the mother has formally recognized him as the father.
Documents that provide details about the adoptive parents and a confirmation that no money was paid to the biological mother are required to make the consent official. An Arizona family lawyer can assist with the forms to make sure that they are correctly completed.
Arizona does not provide a specific timeline within which birth parents can revoke consent. However, if it can be shown that consent was obtained through fraud or undue influence, it may be possible to have the decision overturned.
Adoption Law FAQs
Adoption laws can seem complicated and overwhelming, especially if you are new to this legal process. At The Valley Law Group, we are firm believers that our clients should be fully informed regarding the basics of adoption laws before the adoption process begins. These are some of the most common questions we hear from adoption clients.
Arizona offers several types of adoption, including agency, private, stepparent, and foster care adoption. Each has specific legal requirements. Agency and private adoptions usually involve infants, while foster care adoption helps children in the state system find permanent homes.
The length of the adoption process varies depending on the type as well as unique family considerations. For example, private or agency adoptions may take several months to a year, while foster care adoptions may take longer due to background checks, home studies, and legal proceedings. The most important thing is that the adoption ensures the child’s best interests.
A home study is a mandatory step in Arizona’s adoption process. It includes background checks, interviews, and home inspections to assess whether a child’s environment is safe and supportive. The home study also evaluates the adoptive family’s preparedness and ability to care for a child.
Once the adoption is finalized in Arizona, the birth parents’ legal rights are terminated. In some cases, an open adoption allows for communication between the adoptive family and birth parents, but this is not legally enforceable unless both parties agree to specific terms.
Yes, Arizona law allows LGBTQ+ individuals and couples to adopt. There are no legal barriers preventing LGBTQ+ people from becoming adoptive parents. However, adoption agencies and the court will still require home studies and background checks, as they do for any prospective adoptive parents.
Schedule Your Arizona Adoption Consultation Today
At The Valley Law Group, we understand the unique challenges parents face when beginning the adoption process. Having legal representation can be crucial as you seek the adoption of a child.
Our Arizona adoption lawyers will begin by helping you understand the various adoption procedures available in your situation. Once you decide which option is right for you, our legal team can give you an overview of what to expect once the process begins. We can generate the necessary documents, ensure they are filed in full and within the time limits at hand, and help you advocate for your rights during this crucial legal proceeding.
As we celebrate National Adoption Week and Adoption Awareness Month, we encourage you to review our comprehensive adoption guide. You’ll learn more about the adoption process, including how our law firm can help your family experience the joy of bringing a new child into your family.
Sources:
- University of Oregon. (n.d.). Adoption statistics. Adoption History Project. Retrieved from https://pages.uoregon.edu/adoption/topics/adoptionstatistics.htm#:~:text=Approximately%205%20million%20Americans%20alive,children%20under%2018%20are%20adopted.
- Arizona State Legislature. (n.d.). A.R.S. §8-103: Who may adopt. Retrieved from https://www.azleg.gov/ars/8/00103.htm
- Arizona State Legislature. (n.d.). A.R.S. §8-105: Certification to adopt; criminal records check. Retrieved from https://www.azleg.gov/ars/8/00105.htm
- Arizona State Legislature. (n.d.). A.R.S. §8-106: Consent to adoption. Retrieved from https://www.azleg.gov/ars/8/00106.htm
- Arizona State Legislature. (n.d.). A.R.S. §8-533: Grounds for termination of parent-child relationship. Retrieved from https://www.azleg.gov/ars/8/00533.htm
- Arizona State Legislature. (n.d.). A.R.S. §8-116: Final decree of adoption; required reports. Retrieved from https://www.azleg.gov/ars/8/00116.htm
- National Council for Adoption. (n.d.). Understanding the Interstate Compact on the Placement of Children (ICPC). Retrieved from https://adoptioncouncil.org/publications/understanding-the-interstate-compact-on-the-placement-of-children/
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
Read More About Jonathan Roeder