Unregulated Custody Transfers of Adopted Children - Arizona

Date:

Definitions

Citation: Rev. Stat. § 14-5107

The term 'military member' means an active-duty member of the Army, Navy, Air Force, or Marines or a member of the Reserve or National Guard engaged in the performance of official duties or functions.

Prohibited or Required Actions Regarding Custody

Citation: Rev. Stat. §§ 14-5104; 14-5107; 8-108

A parent of a minor may delegate to another person, by a properly executed power of attorney, any powers he or she may have regarding care, custody, or property of the minor, except power to consent to marriage or adoption of the minor, for a period not exceeding 6 months.

A military member who is a parent or guardian of a minor child may delegate to another person, for a period not to exceed 1 year, any powers the parent or guardian have regarding care, custody, or property of the child, except the power to consent to the child's marriage or adoption.

A person who is not currently certified as acceptable to adopt but who has custody of a child who the person intends to adopt shall petition the court for an order permitting that person to keep custody of the child pending certification. The person shall file the petition no later than 5 days after the person obtains custody of the child. The court shall hold a hearing within 10 days after the person files the petition. At the hearing, the court may permit the petitioner to have custody, or it may order that custody be given to some other person or agency, as it deems to be in the child's best interests. If the court permits the person to continue to have custody of the child, the court shall order the investigation for preadoption certification and report as required by § 8-105 to continue. If an application for certification has not been filed before the hearing, the court shall order that an application for certification be filed within 30 days after the hearing date.

If a petition is not filed by the person intending to adopt a child, the division, an agency, or any other interested person may petition the court for such a hearing. On the filing of a petition the court shall set the matter for hearing and issue its order to the person having custody of the child to appear before it to show cause why custody should not be denied.

Exceptions

Citation: Rev. Stat. § 8-108

A custody petition or hearing is not required in any of the following cases:

  • The person who intends to adopt the child is the spouse of a birth parent of the child.
  • The person who intends to adopt the child is a parent's sibling or the child's adult sibling, grandparent, or great-grandparent of the whole or half-blood or by marriage.
  • The person who intends to adopt the child is currently certified as acceptable to adopt the child.
  • Custody of the child has been given or is to be given to an agency, the Department of Child Safety, or a licensed or certified foster home.
  • The person who intends to adopt the child is currently the court-appointed guardian of the child.

Consequences

Citation: Rev. Stat. § 8-128

A person who knowingly violates any provision of this article is guilty of a class 6 felony.