Preadoption Certification
Arizona law requires all prospective adoptive parents to complete a preadoption certification process before they will be allowed to adopt a child. The application must be made directly by the prospective adoptive parents to Pima County Juvenile Court. The adoptive parent is required to provide a great deal of information as part of the preadoptive certification process, including information demonstrating financial stability, a statement as to the adoptive parents' health from a doctor or registered nurse, fingerprint clearance cards, and criminal background. The investigator will conduct an extensive inquiry into the background and living environment of the prospective adoptive parents. The investigator must make findings of all relevant and material facts that pertain to the adoptive parent's ability to adopt children. The findings must at a minimum include a complete social history, the financial condition of the adoptive parent, the moral fitness of the adoptive parent, the religious background of the adoptive parent, the physical and mental health of the adoptive parent, any past history of child abuse, child abandonment, dependency, or termination of the parent/child relationship, and any other relevant facts.
Once the prospective adoptive parent has submitted the application for the preadoption certification, Pima County Juvenile Court has ninety days to complete the investigation into the adoptive parent's background. Once the investigation is complete, the investigator will submit a written report and recommendation to Pima County Juvenile Court as to whether the prospective adoptive parent is fit to adopt a child. The Court then has sixty days to enter an Order certifying the prospective adoptive parent to adopt a child, or the Court may deny the application. If the application is denied, the prospective adoptive parent cannot apply for preadoption certification again for at least one year. If the application is accepted, it remains valid for eighteen months. The Court also may request additional information before making a decision.
These requirements do not apply if the prospective adoptive parent has adopted within the past three years, or if the prospective adoptive parent is a certified foster parent. There are also some exceptions for spouses of biological parents.
Consent to Adopt
The consent of several persons is required under Arizona law before a voluntary adoption can take place. The biological mother must consent to the placement of the child and the adoption unless her parental rights have not previously been terminated. Consent from the father is required if the father was married to the biological mother at the time of conception or during the pregnancy, if the father has adopted the child, or if paternity has been formally established. The child's consent is required if the child is twelve or older. If the child has a court-appointed guardian with the power to consent to an adoption, the guardian also must formally consent before the adoption can take place. Similarly, if the child is in the care of the state, the state must also consent to the adoption.
A consent to adoption or placement of the child with prospective adoptive parents must be in writing, and it is irrevocable unless the consent is the product of duress, fraud, or undue influence. At the same time that the consent to adopt is obtained, the parent must also execute a notarized statement either granting or withholding permission for the child to obtain information about the biological parent after the child has reached the age of majority. The biological parents are able to file a new notarized statement withholding or granting this permission to the child after the adoption is completed. If multiple notices are filed, the most recent one will control whether or not the child can access that information. The biological mother must also execute a notarized statement identifying all putative fathers of the child. Any putative fathers must be given notice of the adoption proceedings and have the opportunity to contest the adoption.
Petition for Custody of the Child
If a prospective adoptive parent has physical custody of a child but has not completed the preadoption certification requirements to adopt that child, the prospective adoptive parent must file a Petition for Custody with Pima County Juvenile Court requesting an Order that allows the adoptive parent to retain custody of the child pending the results of the preadoption certificate. The Petition must be filed within five business days after the prospective adoptive parent obtains custody of the child, and the Court must hold a hearing on the custody of the child within ten business days of receipt of the Petition. At the hearing, the prospective adoptive parent must show that it is in the child's best interests for the child to retain custody. The Court can determine that the child should remain with the prospective adoptive parent, or the Court can determine that it is in the child's best interests to live with another adult and require the prospective adoptive parent to relinquish custody. If the child continues to be placed with the prospective adoptive parent, the Court will order that the preadoption certification procedure continue. If the prospective adoptive parent has not begun the preadoption certification procedure prior to the hearing on custody, the Court will enter an order requiring the adoptive parents to submit their application for predoptive certification within thirty days of the hearing on custody.
A hearing on the custody of the child is not necessary if the prospective adoptive parent is married to a birth parent of the child, an aunt, uncle, adult sibling, grandparent, or great-grandparent of the child (by whole blood, half blood, or marriage), if the prospective adoptive parent has successfully completed the preadoption certification process, if the custodian is a state-approved agency, or if the custodian of the child is a licensed foster home.
Petition to Adopt
Once the prospective adoptive parent has successfully completed the preadoption certification process, the adoptive parent can file a Petition to Adopt. A Petition to Adopt must contain the following information: the full name, age, and residence of the adoptive parents; if married, the date and place of marriage of the adoptive parents; the adoptive parents' relationship to the child (if any); that a certificate of acceptability to adopt has been issued to the parents, or, if appropriate, the reason why preadoption certification was not required; the date when the prospective adoptive parents obtained custody of the child and who the prospective adoptive parents obtained custody from; an explanation of the current custodial arrangements if the child is not in the custody of the adoptive parents; the date and place of birth of the child; the name of the child and the name the adoptive parents want to name the child, if different from the original name; the the prospective adoptive parents wish to adopt the child; a complete statement of all property owned or possessed by the child; written consent to the adoption from the parents or Child Protective Services; and full disclosure of any fees or services paid for by the prospective adoptive parents to an individual or organization in connection with the adoption.
The Court will then issue a Notice of Hearing on the Petition to Adopt to any interested party who has not provided written consent to the adoption. If all interested parties have consented to the adoption in writing or consent at the hearing, then the Court will approve the adoption of the child if a preponderance of the evidence supports that adoption is in the best interests of the child.
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