The Legal Process of Adoption in Arizona: Steps and Requirements

Adopting a child is often a life-changing decision for everyone involved. People or families in Arizona choose adoption for several reasons, including a need to expand their family, infertility, or a personal calling to adopt. You may also feel the need to adopt a relative or a child you have fostered.

Whatever your reason, adoption can be a rewarding lifetime experience. But, it can also be emotional, long, expensive, and legally complex. So, it is critical to understand the legal process of adoption, including steps and requirements. A skilled Arizona adoption attorney can help you navigate the legal complexities and related twists and turns.

Steps and Requirements

Some of the basic steps in an Arizona adoption include;

Step 1: Initial Consultation and Deciding to Adopt

Deciding to adopt is the first step of the adoption process. It involves evaluating your readiness to adopt, including emotional, financial, and practical considerations. You should get all the necessary information, including adoption costs, and eligibility requirements. You can get the information from an adoption agency or an adoption lawyer.

You can also choose your preferred type of adoption in this first step. The most common types of adoption in Arizona include domestic adoption, international adoption, and foster care adoption. You also need to decide whether you will adopt through a private or a public adoption agency.

This initial step may also involve selecting an adoption agency to facilitate your adoption, including helping you formally start the adoption.

Step 2: Meeting Eligibility Requirements

The next step involves assessing whether you meet Arizona’s eligibility requirements. Arizona allows single, married, divorced, and people in relationships to adopt. But, you must be at least 18 years old and a resident of Arizona. You need to be at least 21 years old to foster.

Arizona law also requires you and all adults in your household to undergo criminal background checks. You must also get the necessary clearances from the Department of Public Safety.

Step 3: Home Study

Arizona law requires you to undergo a pre-approval home study process. A home study involves a licensed professional evaluating whether your home can be a safe, loving, and stable environment for a child. In some cases, you may need to attend pre-adoption training before a home study.

Besides a home inspection, a home study also involves an interview with the social worker or home study provider. The licensed professional interviews you or a member of your household to assess family dynamics regarding the adoption. The home study may also include submitting relevant documents, including medical and financial records. You will get approval to adopt following the completion of the home study process.

Step 4: Finding a Match

The step involves working with an adoption agency or a social worker to find a match. For instance, in some domestic infant adoptions, the birth mother chooses the adoptive parent(s). Adoption agencies and social workers work to ensure you and the child are a good fit. Since you’re among many prospective adoptive parents, the step can involve lengthy waiting. However, the step is not necessary if you are adopting a child you know like a stepchild or a relative.

Step 5: Consent and Placement

If you are adopting a newborn, the adoption agency will call you when the baby is about to be born. You can then travel to the hospital to meet the baby. In Arizona, the birth mother can only sign her consent to adoption 72 hours after birth.

The waiting time can be emotionally challenging for everyone. The law allows the birth mother to change her mind about adoption. But, once she completes and signs the consent form in the presence of two adult witnesses, she permanently gives up her parental rights. After consent to adoption, it’s time to take the child home.

If adopting outside Arizona, you must also follow the birth state’s specific regulations. A skilled adoption attorney can help you navigate related legal complexities.

Step 6: Post-Placement Visits and Adoption Finalization

Following placement or taking the baby home, you can expect a post-placement visit similar to a home study. The visit is to ensure you and the child are adjusting to the new life. You can expect two or three visits before adoption finalization. The post-placement period lasts for up to six months.

After six months, your adoption attorney will request an adoption finalization hearing at the Arizona Superior Court. After reviewing the adoption process and home study reports, the judge will approve the adoption if everything is in order.

The signing of the adoption decree grants you permanent and legal parental rights. You can now apply and obtain a new birth certificate for the child. You will also need to file for a new Social Security Number for the child.

The Benefits of Working with an Adoption Attorney

An unexpected legal complication can unnecessarily delay or even prematurely end an adoption. This can be heartbreaking as adopting a child is often an emotionally charged process. Thus, it is critical to work with a skilled Arizona adoption lawyer to help you navigate potential complications.

The adoption attorney will help you understand and comply with the relevant state and federal regulations. They will also help you prepare and review all related adoption paperwork. A lawyer will assist you prepare for a home study, including background checks.

An adoption attorney will also help you resolve any legal dispute that may arise, including communicating with the adoption agency and the birth mother. The lawyer will also help you prepare for the adoption finalization hearing, including representing you in court.

Contact an Arizona Adoption Lawyer

Adopting a child in Arizona is often a fulfilling lifetime experience. But, the adoption process can also be challenging, including navigating its various steps and eligibility requirements. You also need to balance the process’ emotional, financial, and legal considerations.

However, our well-qualified and experienced Arizona adoption attorney at Liberty Audette and Associates can help you navigate the complexities and achieve your adoption objectives. Contact us for a free consultation and to learn more about our services.