Do I Need an Adoption Lawyer in Arizona?

Christopher Lazenby

Deciding to have a child is a life-altering choice that most people consider at some point in their lives. Making the decision to adopt is not only life-altering, but can also seem rather daunting considering the number of steps involved. The rewarding experience of welcoming an adopted child can be difficult to navigate alone, which might leave you wondering, “Do I need an adoption lawyer in Arizona?”

The quick answer is yes. Due to the diverse backgrounds and needs when it comes to adoption, the laws in Arizona are complicated and overwhelming. At least one court hearing is required to receive parental rights, so hiring a local Adoption lawyer to guide you through it and handle everything required with the family court will help ease the burden and allow you to enjoy the excitement of bringing a child into your home.

Steps to Adoption

Many children are adopted every year in the United States, and many more are waiting to be adopted. If you want to bring a child into your family, the very first step is to obtain an adoption certificate, which requires:

  • A home study performed by a court officer, agency, or other person contracted by the government
  • Financial statements, along with a medical statement of the prospective parents’ health
  • Fingerprinting of every adult member of the household
  • A further investigation into the facts that evaluate the fitness of the parents

The state is not required to accept every application, but once you have received the certificate, you may decide how you’d like to adopt.

Types of Adoption in Arizona

There are four different types of adoption in Arizona.

  1. Agency adoption: The agencies must be certified by the Arizona Department of Child Safety or the Arizona Supreme Court. Children placed for adoption through one of these agencies might come from foster care, or their guardians might have relinquished them. In 2022 (the most recent release of statistics), the number of children adopted from foster care in Arizona was 2,371.
  2. Private adoption: This is an independent arrangement between the birth parents and the adoptive parents, which happens without the help of an agency. All Arizona requirements must be followed, and an attorney is necessary to make sure necessary documentation is completed.
  3. Relatives: While relatives must still follow some requirements, like getting a home study, they are given first priority when it comes to placing a child, even more so if that child has lived with them for over a year. The parents’ rights must still be terminated, though, before this process can move forward.
  4. International: Adopting a child from out of the country requires following all federal laws, as well as the laws of the country of origin. U.S. Citizenship and Immigration Services (USCIS) must approve, and parents must do a home study and go through Arizona courts once the child has arrived. Some countries require check-ins after the adoption as well.

Finalizing the Adoption

In order to finalize the adoption in Glendale, a prospective parent must follow multiple laws and regulations.

At least one hearing is required where the adoptive parent, their spouse (if applicable), and the child must be present. Other people, including adoptive family members, are allowed to be there as well. This will usually take place at the Glendale City Court on Glendale Avenue. In the hearing, the judge reviews the information collected through the certification process and more, and if the child is over 12, they will be allowed to share their wishes with the court.

Prospective parents must file a petition with the state, which includes documents compiled for the certification. Other filings, such as notarized consents and court orders, might be necessary depending on the case.

FAQs

Q: What Is the Average Cost of Adoption in Arizona?

A: This is not a simple question to answer because the cost varies widely depending on the circumstances of the adoption, but the average cost can be tens of thousands of dollars. Foster care adoption is a lower-cost option, but it might not be the right fit for your family. Depending on your income and a variety of other factors, you may be eligible for additional tax credits related to your adoption.

Q: Can My Husband Adopt My Child Without a Lawyer?

A: A step-parent adopting their stepchild can be a special bonding experience. Hiring a knowledgeable lawyer can make navigating the intricate details of the law much smoother than trying to do it without guidance. In Arizona, the father’s consent is required and involves a lengthy court process that can take from six months to a year. Having a lawyer to help you navigate the paperwork and court appearances will be well worth it.

Q: What Are the Rules for Adoption in Arizona?

A: Like most states, Arizona has strict requirements about who may adopt.

  • Any adult resident, married or single, may qualify to adopt with no maximum age limit.
  • A child must be under 18, or under 21 if fostering, to adopt.
  • The adults in the home must pass an FBI background check and be fingerprinted.
  • The adopter(s) must be able to provide a stable home, be financially stable, and reside legally in the United States.

Q: What Disqualifies You From Adopting in Arizona?

A: In order to adopt in the state of Arizona, you must meet all the legal requirements, and you must never:

  • Have been convicted of a felony such as human trafficking, drug offenses, battery, or assault
  • Have been honestly accused of domestic violence, whether that is emotional, physical, or sexual abuse

Contact Lazenby Law Firm

Given the complex nature of adoption in Arizona, you can hire an adoption lawyer to give you peace of mind as you navigate the emotional journey of adding to your family. While any lawyer can help you with this process, a family lawyer will be particularly knowledgeable when it comes to understanding the ins and outs of the complicated laws and requirements for adopting a child.

Lazenby Law firm will answer any and all questions with knowledge and compassion and help you move toward the exciting moment of welcoming a child into your home. Contact us for a consultation today.

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