Consent to Adoption - Arizona

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Who Must Consent to an Adoption

Citation: Rev. Stat. § 8-106(A), (C)

The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:

  • The birth or adoptive mother
  • The father if any of the following apply:
    • He was married to the mother at the time of conception.
    • He is the adoptive father.
    • He has otherwise established paternity.
  • Any guardian of the child or agency that has been given the child to place for adoption
  • The guardian of an adult parent if one has been appointed

Minority of the parent does not affect competency to consent.

Consent of Child Being Adopted

Citation: Rev. Stat. § 8-106(A)

A child age 12 or older must consent to the adoption in open court.

When Parental Consent is not Needed

Citation: Rev. Stat. § 8-106(B), (J)

It is not necessary for a person to obtain consent to adopt from the following:

  • An adult parent for whom a guardian is currently appointed
  • A parent whose parental rights have been terminated by court order
  • A parent who has previously consented to an agency's or the division's placement of the child for adoption

A potential father who fails to file a paternity action and who does not comply with all applicable service requirements within 30 days after completion of service of notice waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights, and his consent to the adoption or termination is not required.

When Consent Can Be Executed

Citation: Rev. Stat. § 8-107(B)

Any consent given sooner than 72 hours after the birth of the child is invalid.

How Consent Must Be Executed

Citation: Rev. Stat. § 8-107(A), (D), (G)

All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two or more credible witnesses who are at least age 18 and who subscribe their names in the presence of the person giving the consent or shall be acknowledged by the person giving consent before a notary public.

The consent shall designate either of the following:

  • An agency or the division as authorized by the party giving the consent to place the child for adoption
  • The particular person or persons authorized to adopt the child by the person giving the consent

A consent other than to any agency or the division that does not designate a particular person or persons, or that purports to permit a third person to locate or nominate an adoptive parent, is invalid.

Revocation of Consent

Citation: Rev. Stat. § 8-106(D)

Consent is irrevocable unless obtained by fraud, duress, or undue influence.