Your Guide On How To Legally Adopt A Stepchild In Arizona
You may seek adoption for a variety of reasons, from social benefits to sharing a surname. Stepparents may adopt a child so they have legal authority over their medical and educational decisions. Or, they may want the legal convenience, such as the ability to pick the child up from school. Any adult may petition to adopt a child, but stepparents can typically expect an easier adoption process. That being said, here's the basics of what you should know about how to legally adopt a stepchild in Arizona.
You can view our blog post about navigating parenting rights in blended families here.
Note: This article isn’t intended as legal advice, and rules regarding this may change depending on your situation. To address your business’s unique needs, talk with a business and civil law attorney. ARTEMiS Law has decades of experience in Arizona business law and provides full-service and unbundled legal services (for those who need consultations as needed) to cater to everyone. You can contact us here to schedule a call.
The basics of Arizona adoption laws for stepchildren
A regular adoption has many requirements. Prospective parents must attend orientation and training, and undergo a detailed social study. This includes the biological parents’ history, the adopter’s finances, et cetera.Stepparents face an easier and often faster adoption process in Arizona. In general, you'll need:
- A criminal records check via fingerprinting and a central registry records review to ensure you have not faced court actions for child abuse
- To have been lawfully married to the child’s legal parent for at least a year
- To have resided with the child for at least six months
- Consent from the child if they're 12 years of age or older
If you adopted a child in the last three years, you only need to update your information for each additional adoption.Note that the State does not discriminate between opposite- or same-sex partnerships. Also, while most adoptions regard children, some people do adopt adults between 18 and 21. Stepparents, foster parents, and close relatives may adopt an adult over 21.
How can I adopt my stepchild in Arizona?
There are a few steps to take if you're ready to legally adopt a stepchild in Arizona. The steps for adopting an adult stepchild use different forms, but are primarily the same.The following information is a basic overview. You should always consult with a family law attorney if your case is complex or contested.
Step 1: File a petition for adoption
To begin, you must file a petition for adoption. This includes all basic information, including your:
- Name
- Residence
- Marital information
- Relation to the child
You'll also note:
- The current custody arrangement
- The child’s name, date, and place of birth
- A detailed description and valuation of the child’s property
You may file using a fictitious name for your stepchild to protect their identity. If the child’s date or place of birth is unknown, the court declares a date or place when they finalize the adoption.
Arizona stepchild adoption forms
In Maricopa County, stepparents may get adoption petition forms from the County Attorney’s Office. You will file at the facility serving your area: Southeast Juvenile Court Facility or Durango Juvenile Court Facility. Always contact the County Attorney's office if you're not sure where to get the correct forms or where to file, as these processes may change.If your stepchild's primary address is in another state, the Arizona Interstate Compact for the Placement of Children must send a referral to the child's home state. Arizona adoption law allows you to complete the adoption in either state.If you are adopting an adult stepchild, the petition requires permission from your spouse and the child’s spouse, if any. To adopt an adult, use the Maricopa County adult adoption forms.
Step 2: Terminate current parental rights
To legally adopt a stepchild, you need the birth parent’s consent or a court-ordered termination of their parental rights. The Juvenile Court of Maricopa handles both parental rights and adoption.If you are seeking adoption because a parent is abusive or otherwise unfit, you may file a petition to terminate the parent’s rights. Arizona statute Title 8-533 explains who may file a petition and why. In these cases, it's always important to talk to a family law attorney about your options.A licensed adoption agency must submit a severance social study to the court. After that, the court will hold a hearing to decide whether to end the parent’s rights.
Step 3: Prepare for the hearing
Your Guide On How To Legally Adopt A Stepchild In Arizona | ARTEMiS Law Firm
After filing a petition to adopt, you will need to go in for fingerprinting and complete any other adoption forms.Petitions for adoption or the termination of parental rights are free. There are fees for fingerprinting or for suspending the adoption.You may also incur fees if you involve an adoption agency or work with an attorney. If these payments cause you hardship or threaten the child’s welfare, you may ask the court to waive them. There are also provisions for adoption expenses for children with special needs.While waiting for the hearing, you are typically responsible for the child’s wellbeing. Generally, you'll have the right to custody and to decisions about medical procedures or the child’s activities. You can also refuse visitation with the birth parent if they no longer have parental rights. Again, these matters can be complex especially when they're contested, so it's important to talk to a family lawyer in these cases.
Step 4: Attend the adoption hearing
Most hearings for legally adopting a stepchild occur within six months after filing.If the child is under three or has lived with you for six months, the hearing must occur within 90 days. If the child lived with you for one year leading up to filing your petition, the hearing will be within 60 days.Finally, if you can show good cause, such as the child being in danger, you may get the court to expedite the hearing.
Step 5: Finalize the adoption
After termination of the parent’s rights and after the child resides with you at least six months, a social worker will submit a report. A judge then finalizes the adoption. This includes any name change, approved by the child if they’re 12 or older. The court also designates the child’s date and place of birth if unknown.The State now grants you all rights and responsibilities as a legal parent. This severs the legal relationship with the previous parent, including inheritance. The child’s legal relationship with their other parent (the stepparent’s spouse) doesn’t change.In general, the court seals adoption files to the public. Other agencies or attorneys may inspect them if they have good cause. Arizona adoption law mandates that the court keep these records for at least 99 years. Any attorney who has papers on the adoption must keep them for at least seven years.
Get experienced help for a stepchild adoption
Each adoption case is different, and a single post can't address your individual needs. If you need assistance or have questions about how to adopt a stepchild in Arizona, please contact ARTEMiS Law Firm. Adoption is emotional even without complications. Our adoption lawyers aim to make the process as easy on you as possible.
If you don’t need the full scope of representation that ARTEMiS provides and want ad hoc legal assistance, hourly consultations, or help with specific document, courtroom, or deposition help, check out our partner firm, À Law Carte™.
À Law Carte™ is a unique law firm that offers affordable legal services without costly retainers or full representation. Get the legal help you need when and how you need it on an hourly basis. Visit À Law Carte or call us at (480) 535-4433 to schedule a consultation.