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This is the third post in a series of Adopting in the 50 States. Today, we’re in Arizona, the 48th state and home of the Grand Canyon. Remember, I am not a lawyer, nor do I play one on TV. Consult an attorney or other adoption professional with specific questions. If you have adopted in Arizona and would like to share your experience with others, please leave a comment or email me at RobynC@adoptionblogs.com.
Who May Adopt In Arizona?
Any adult resident of the State, whether married, unmarried, or legally separated, is eligible to adopt. A husband and wife may jointly adopt.
When May Consent Be Signed?
Consent may be signed no sooner than 72 hours after the birth of the child. The consent must be witnessed by two or more “credible” witnesses, age 18 or older, or by a notary public.
How Much Time Do the Birth Parents Have to Revoke Consent?
Consent is irrevocable unless obtained by fraud, duress, or undue influence. That is, as soon as the consent is signed, it cannot be revoked.
Does Arizona Have a Putative Father Registry?
Yes.
Does Arizona Allow the Biological Father to Give Consent Before the Child is Born?
No.
Can Adoptive Parents Advertise to Find Expectant Parents?
Yes. There are no statutes that address adoption advertising of this type.
Does Arizona Allow the Use of Facilitators?
No. Adoptions must go through a licensed agency. In some cases, adoptions can go through a licensed attorney.
How Long Before Adoption Can Be Finalized?
Three to six months.
Which Expectant Mother Expenses Can Be Paid by the Adoptive Parents?
Medical, legal, living, and counseling expenses up to $1,000. Court approval is required for expenses greater than $1,000. The court will determine if the living expenses are “reasonable and necessary”.
Can Out of State Residents Finalize in Arizona?
No.
Does Arizona Allow for Enforceable Open Adoption Agreements?
Yes. A birth parent can enter into an open adoption agreement with the adoptive parent(s). To be enforceable, the agreement must be approved by the court. However, “[t]he agreement shall state that the adoptive parent may terminate contact between the birth parent and the adopted child at any time if the adoptive parent believes that this contact is not in the child’s best interests.” The court can enforce the agreement, but the parties must make a “good faith attempt” to mediate any disputes first. Failure to comply with the open adoption agreement is not grounds to reverse the adoption.
Information from Parents Who Have Been There
Make sure that your agency and attorney are familiar with the Arizona adoption laws, which are a bit more restrictive than some other states. “Words of advice: Hang in there and be proactive. The people who find their child(ren) are the people who have the most open attitudes and hearts.”
Resources
- Arizona Adoption
- Child Adoption Laws Arizona
- Child Welfare Information Gateway, State Statutes
- Adamec, Christine. The Complete Idiot’s Guide to Adoption. New York: Alpha Books, a member of Penguin Group (USA) Inc., 2004.
- Adoptive Families Magazine, 2004
