Adoption
If you're interested in learning more about the adoption process in Arizona, or finding help on your way through it, our lawyers at ARTEMiS Law Firm can help.
While we give a brief overview of the process below, there are many nuances to Arizona adoption laws, so please call our attorneys to discuss your particular situation. ARTEMiS Law Firm also proudly represents LGBTQ+ families in adoption proceedings.
Arizona Adoption Process
The adoption process can be either contested or uncontested. A contested adoption proceeding involves severing a parent's rights as it relates to his or her child. Once a parent's rights are severed, then that child is adoptable.The adoption process can be lengthy, depending on the circumstances.
Once an adoption petition is filed, it typically takes approximately 60 days for the final adoption in court to take place if the child has been living with the adoptive parents for at least one year. If the child has not lived with the adoptive parents for at least one year, then it will typically take approximately six months for the final adoption in court to occur.
If I am married do I have to adopt with my spouse? Or if we are adopting together is there a certain amount of time we must be married to adopt?
If you are married you do not have to adopt together. However, all adults in the home will need to be fingerprinted and/or have a fingerprint clearance card. There is no time frame regarding marriage if you are adopting a child in DCS care. If you are petitioning for a step- parent adoption, then you must be married one year in order to ask the court for a waiver of the home study requirement.
Must I be certified to adopt? If so, how long does that take?
You do not have to be certified to adopt if the following applies to you:
Prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption.
You also do not have to be certified to adopt if you are a licensed foster parent.
You do not have to be certified to adopt if you have adopted a child within three years preceding the current application and are applying to adopt another child. However, the department, the agency or an entity contracted by the department or a person designated by the court will need to conduct an investigation and provide an updated report on any changes in circumstances that have occurred since the previous certification.
The certification process can take up to 6 months to a year. However, every case is different and certification can be sooner or later than that time frame.
What kinds of issues can delay my adoption?
An appeal filed by either of the birth parents regarding the Termination of their Parental Rights can delay an adoption. An adoption hearing cannot occur until the appeal is concluded. Generally, an appeal can take 3 to 4 months.
If there are errors on the final Order Terminating Parental Rights can also delay an adoption. Often names or dates of births of the parties are listed incorrectly or paternity issues are not resolved and those issues must be corrected prior to an adoption hearing.
Delays in receiving fingerprint results or fingerprint clearance cards can delay an adoption. Every adult in the home must have either submitted their fingerprints to the court with the results received and approved by the court or applied and received a fingerprint clearance card prior to an adoption hearing. Our office can assist you in obtaining your fingerprint clearance card. Please note that the typical processing time by the Department of Public Safety is 4 to 6 weeks but can be longer if a person has any sort of criminal record or if DPS is processing a high volume of applications. It is best to apply for a card at the beginning of the adoption process.
What items does my case manager need to submit?
The assigned adoption case managers must ensure that the Department’s Consent has been filed. Since the child is in the legal custody of DCS, the Department must consent to the adoption in writing. The case manager will also turn in the home study for the adoption and the CPSCR. These two documents are basically to prove fitness to adopt.
It is also essential that the adoption subsidy paperwork has been submitted and approved before the adoption hearing. The adoption subsidy must be approved before the hearing can take place.
It is important to note that the adoption case managers are all very knowledgeable of the process and experienced. We rarely have any issue regarding the documentation needed by the Department.
Does my child need to be present at the adoption hearing? Does my child need to say if he/she agrees to be adopted?
Yes - the children will need to be present at the adoption hearing. If the child is 12 or over, the child will need to consent to adoption both at the hearing and on paper by signing a Consent to Adopt.
If I am adopting a Native American Child are there any special requirements?
Yes, the child’s tribe and the Bureau of Indian Affairs will need to be provided notice of the adoption hearing. Often a representative of the tribe will call into the adoption hearing. Some tribes ask that adoptive parents try to teach the children about tribal culture.
Does and ICPC adoption (for parents that live outside the state of Arizona) take longer?
It depends on your state. An ICPC report must be completed by a case manager in your state. That report is submitted to our court for the adoption to proceed.
Will the Department of Child Safety still pay for daycare for my child after the adoption is complete?
No, the Department will no longer pay for daycare once the adoption is complete. However, many cases are eligible for a monthly adoption subsidy.
Can I change my child’s social security number and name?
Yes. You are able to change your child’s name and social security number through the adoption process. The Adoption Order will order the Office of Vital Records to change your child’s name if you choose to change his or her name. The Certificate of Adoption you will fill out will ensure that the Office of Vital Records will list you as the parent of the child on the new birth certificate. The Order of Adoption will also authorize social security to change the child’s social security number if you choose to change it.
The name-change and changing of the social security number will be done AFTER the adoption is complete. The new birth certificate can be obtained via mail or in-person at the Office of Vital Records. The changing of the social security number will need to be done in-person at a local social security office.