Arizona Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by Olivia Wathne, Esq. | Last reviewed August 08, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Embarking on your adoption journey in the Grand Canyon state can be an incredibly rewarding experience, providing a loving home to a child in need. If you are considering adoption, understanding Arizona's adoption laws is a crucial step in navigating the adoption process.
Whether you're looking into domestic adoption, foster care adoption, or international adoption, being well-informed about the legal landscape will help you create a stable and nurturing environment for your future child.
Types of Adoption in Arizona
In the state of Arizona, several types of child adoption are available to prospective parents. Foster care adoption allows foster parents to adopt children in the state's foster care system. Domestic adoption includes agency adoptions through private adoption agencies, arranged directly between birth parents and the adoptive family, often with the help of an attorney. International adoption involves adopting a child from another country. Open adoption is another option, where birth parents maintain some level of contact with the adoptive family and the child.
Each type of adoption, whether involving a birth mother in a private adoption or a foster parent in the foster care system, has its own legal requirements and processes. They help ensure that the best interests of the child are met.
Arizona Adoption Laws at a Glance
The court must certify that the adoptive parents in Arizona are acceptable to adopt children. The Arizona Department of Child Safety (DCS) regulates adoption in Arizona. The Arizona DCS states that it will issue a certificate only after a department investigation and certification process that includes:
- A written application
- Adoption orientation and training
- A certification investigation and report to the court that considers the prospective adoptive parents' fitness to adopt children.
The investigation includes:
- Social history and references
- Finances
- Moral fitness
- Physical and mental health
- Any court action about child abuse
- A valid fingerprint clearance card for you and every adult member of your household
- Any other relevant information
Below are some highlights of Arizona adoption laws. See Details on State Adoption Laws to learn more.
| Code section | Arizona Revised Statutes (ARS) 8-101 to 8-145 |
|---|---|
| Who may be adopted | Only a child or a foreign-born person who is 21 years old or younger and who is not in the U.S. without documentation can get adopted. They must be in the state when the adoption petition is filed. |
| Age that child's consent needed | 12 and older in open court |
| Who may adopt | Any adult state resident, whether married, unmarried, or legally separated, can qualify to adopt children. A husband and wife may jointly adopt children. Whether married, unmarried, or legally separated, an adult nonresident of Arizona is eligible to qualify to adopt a child if they meet certain requirements. |
| Home residency before finalization of adoption? | No |
| State agency/court | Arizona Department of Child Safety/Superior, Juvenile Division |
| Statute of limitations to challenge | One year |
Note: State laws are constantly changing. Contact an Arizona adoption attorney or conduct your own legal research to verify the state law(s) you are researching.
The Arizona Adoption Process
In Arizona, the adoption process involves several important steps and adoption requirements to ensure that the adoption is in the best interests of the child. Prospective adoptive parents must first complete an adoption home study. A licensed adoption specialist evaluates their suitability to provide a loving and stable home. The home study includes a criminal background check and a thorough family living situation review.
Once there is a suitable match, the birth mother and birth father must legally consent to the adoption unless a court has terminated their parental rights. An affidavit is often required to document their consent. Adoptive parents file a petition for adoption in court, and the court will schedule a hearing. During the hearing, the judge reviews all relevant documents, hears testimony from involved parties, and assesses the situation to make a final decision. Upon approval, the court issues an adoption decree, legally recognizing the adoptive parents as the child's parents.
Research the Law
- Arizona Law
- Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
- Arizona Legal Research
- Arizona Revised Statutes
Get Legal Help With Your Arizona Adoption
Navigating the adoption process in Arizona can be complex, so it's important to seek legal help. An adoption attorney can provide valuable legal advice. They can ensure you meet all eligibility requirements and help you understand the steps involved. From completing the necessary paperwork to representing you in court, an adoption attorney can guide you through each stage. Reach out to an Arizona adoption attorney near you today.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.