ARIZONA

 Any adult resident of the State, whether married, unmarried, or legallyseparated may adopt children. A husband and wife may jointly adopt.

Who Can Be Adopted?

 A child, or a foreign-born person who is 21 years of age or younger and is notan illegal alien and is present in the State at the time the petition foradoption is filed may be adopted. An adult may be adopted, if the adult is thestepchild, niece, nephew, cousin, or grandchild of the adopting person.

Consent to Adoption

 Written and signed consent, witnessed by two or more people who are at least18 years old, must be given by the following:

 (1) the child's birth or adoptive mother, if living;

 (2) the court-appointed guardian; of the child or of the parent;

 (3) the child's father if he was married to the biological mother at the timeof conception or any time before the child's birth; if he has adopted thechild; or if the court has established paternity;

 (4) the agency who has been given consent by the parent to place the child;and

 (5) the adoptee who is 12 years of age or older.

 Consent is not necessary in the following situations:

 (1) from a declared incompetent parent;

 (2) from a parent whose parental rights have been terminated;

 (3) from a parent who previously consented to the placement of the child foradoption; or

 (4) from a parent for whom a guardian has been appointed.

 The court may order that any party's consent be waived in the best interest ofthe child. Once consent is given by any party, it is irrevocable unlessobtained by fraud, duress, or undue influence. Consent must occur 72 hours ormore after birth of the child.

Confidentiality

 All records or any other papers filed in connection with the child's adoptionare withheld from public inspection. The court may order that these records beopen to inspection by persons and agencies having legitimate interest in thecase. No papers will be destroyed until after 99 years. The court may orderthat the child be referred to by a fictitious name, if it is in the child'sbest interest. If a fictitious name is used, the real name will be kept in asealed envelope in the court file.

 Before placing the child for adoption, the agency will provide adoptiveparents with nonidentifying information including health, history, andnonidentifying information about the birth parents or their family. After thechild is placed, the above information may be released to the adoptive parent,or the adoptee when the adoptee reaches 18 years of age. If the adoptee hasdied, this information may be released to the adoptee's spouse; the adoptee'schildren, if 18 or older; and to the adoptee's biological parents. Additionalnon-identifying information may be obtained with court approval. Withoutconsent, as noted below, identifying information may only be obtained if thecourt determines there is a compelling need for such disclosure.

 A biological parent may consent or refuse for the adoptee to review theadoption records upon the child's twenty-first birthday and, at the same age, achild may authorize or refuse the release of confidential information relatedto the adoption. At the time of adoption, the biological and adoptive parentsmay agree to exchange identifying information.

 There is a confidential intermediary program through which an intermediary mayinspect documents in order to arrange contacts or share information between theperson who initiates the search and the person who is the subject of thesearch. Information is shared only upon written consent of both parties. Thefollowing people may use the services of a court-approved intermediary:

 (1) The adoptive parents of an adoptee who is at least eighteen years of ageor, if the adoptive parents are deceased, the legal guardian;

 (2) The adoptee if twenty-one or more years old;

 (3) If the adoptee is deceased, the adoptee's spouse if the spouse is thelegal parent or guardian of a child of the adoptee;

 (4) Any progeny of a deceased adoptee who is at least twenty-one years of age;or

 (5) The adoptee's birth parents, if deceased, their parents.

 The confidential intermediary will not contact persons under twenty-one yearsof age.

Permissible Fees

 The court may approve money paid to a birth parent of an adoptee forreasonable and necessary expenses incurred in connection with the adoption,such as medical and legal expenses. The natural parent may receive``living expenses" upon approval of the court. A person shall not bedirectly compensated for giving or obtaining consent to place a child foradoption. All adoption cases are reviewed by the juvenile court forreasonableness and necessity of expenses.

Place of Adoption Hearing

 The adoption hearing can be brought in the court of the county where theadoptive parents reside.

Authority To Place Child

 The Department of Economic Security or private agencies licensed by theDepartment may place a child for adoption. An attorney licensed to practicelaw in Arizona may assist and participate in ``direct placement"adoptions, i.e., where the consent to adoption names the specific adoptiveparents. However, the parent must select the adoptive parents prior toattorney involvement or from among those currently certified by the court asacceptable to adopt children.

Relative Adoption

 No custody petition or adoption hearing needs to occur if certain relatives ora stepparent is adopting the child.

Putative Father's Rights/Registry

 A putative father who fails to claim formally his paternity in the registry orwho fails to file a paternity action within thirty days of receivingnotification by the mother may not assert an interest in the child unless heproves both of the following:

 (1) He was not able to file a claim of paternity before the child's birth orwithin thirty days after the birth; and

 (2) He filed a claim of paternity within thirty days after it became possiblefor him to do so

 Lack of knowledge of the pregnancy is not an excuse for failing to file aclaim.

 A putative father who does not file a claim of paternity as outlined abovedoes not have a right to be notified of related, subsequent hearings. Inaddition, his consent is unnecessary for the adoption. If no one claimspaternity and gives or waives his consent, the court must request a search ofthe Putative Father's Registry before entering a final decree of adoption.

 A person who is or claims to be the father shall file his claim of paternityand his willingness and intent to support the child to the best of his abilitywith the state registrar of vital statistics in the Department of HealthServices. This claim must be made before the birth of the child or withinthirty days after the birth. The registry is confidential and information onclaims of paternity for a given child will only be provided in response to awritten request made by the court, the division, a licensed adoption agency, ora licensed attorney involved in the potential adoption.

 If the biological mother denies that the putative father claiming paternity isactually the father, the father must establish paternity.

Notice to Potential Fathers

 At the time of or before giving consent to adopt, the biological mother shallprovide the court with a list of all potential fathers. The biological mothermust then notify each potential father of the following:

 (1) The adoption is planned.

 (2) The potential fathers' right to consent or withhold consent to theadoption.

 (3) The potential father's responsibility to initiate paternity proceedingswithin thirty days of notification.

 (4) The potential father's right to seek custody.

 (5) The potential father's responsibility to begin to provide financialsupport for the child if paternity is established.

Attorney ReferralService

State Bar of Arizona
363 North 1st Avenue
Phoenix, AZ 85003
(602) 252-4804

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