Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Arizona may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of Arizona child adoption law including such topics as adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 8-114(A)-(B)
Reasonable and necessary expenses, including medical and hospital costs for the birth mother and child
Counseling fees
Legal and agency fees
Living expenses
Any other costs the court finds reasonable and necessary
A payment exceeding $1,000 for birth mother living expenses must be approved by the court.
Birth Parent Expenses Not Allowed
Citation: § 8-114(G)
Expenses that the court finds to be unauthorized or unreasonable
Allowable Payments for Arranging Adoption
Citation: § 8-114(D)
An attorney may be paid for services in connection with an adoption, but only in such amounts as the court approves as reasonable and necessary.
Allowable Payments for Relinquishing Child
Citation: § 8-114(C)
Except as provided, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption.
Accounting of Expenses Required by Court
Citation: § 8-114(E), (H)
The petitioner shall file a verified accounting of all fees, payments, or commitments of anything of value.
The birth mother must submit a signed affidavit asserting she understands that payment of expenses does not obligate her to place the child for adoption.
All cases shall be reviewed by the court for reasonableness and necessity of expenses.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 8-106(A), (C)
The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:
The birth or adoptive mother
The father, if he:
Was married to the mother at the time of conception
Is the adoptive father
Has otherwise established paternity
Any guardian of the child or agency that has been given the child to place for adoption
The guardian of an adult parent, if one has been appointed
Minority of the parent does not affect competency to consent.
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 8-106(A)
A child age 12 or older must consent to the adoption in open court.
When Parental Consent is not Needed
Citation: Rev. Stat. § 8-106(B), (J)
It is not necessary for a person to obtain consent to adopt from the following:
An adult parent for whom a guardian is currently appointed
A parent whose parental rights have been terminated by court order
A parent who has previously consented to an agency's or the division's placement of the child for adoption
A potential father who fails to file a paternity action and who does not comply with all applicable service requirements within 30 days after completion of service of notice waives his right to be notified
of any judicial hearing regarding the child's adoption or the termination of parental rights, and his consent to the adoption or termination is not required.
When Consent Can Be Executed
Citation: Rev. Stat. § 8-107(B)
Any consent given sooner than 72 hours after the birth of the child is invalid.
Revocation of Consent
Citation: Rev. Stat. § 8-106(D)
Consent is irrevocable unless obtained by fraud, duress, or undue influence.
Registry/Paternity Requirements to Receive Notice
Citation: § 8-106.01(A)(B)
A putative father may file prior to the child's birth or within 30 days after the child's birth.
Registration requires a completed Department of Health Services form, signed by the putative father.
Please visit adoption law in Arizona for more details. |