Phoenix Adoption Lawyers

Get the Answers You Need from Our Arizona Adoption Attorneys

Becoming a mother or father through adoption can be one of the most rewarding experiences in life. However, adopting also involves important legal, financial, and emotional responsibilities.

Whether you’re growing your family through foster care or welcoming a relative into your home, you deserve clear legal guidance and practical support throughout the Arizona adoption process.

That’s why the adoption attorneys at Gillespie, Shields, & Taylor are ready to help you understand the most important aspects of Arizona adoptions to help you navigate this joyful step in life with clarity and confidence.

Types of Adoptions in Arizona

Many choose adoption to grow their family, and Arizona offers a number of ways to accomplish this. However, each type of Arizona adoption has its own legal requirements, timeline, and practical steps involved. 

To help you understand your options and make the best decisions, our adoption attorneys have outlined the most common types of adoptions in Arizona. 

Stepparent or relative (kinship) adoption

When a child’s stepparent, grandparent, aunt/uncle, or other close family relative seeks to adopt, this is known as a kinship or stepparent adoption.

If the child is already being cared for by the adopting relative, there are often fewer legal barriers involved with these adoptions. These adoptions typically involve:

• A four to six-month waiting period if parental rights are already terminated, and all required paperwork is in order
• Consent from the biological parent(s), unless their rights have already been terminated
• A streamlined home study, where a social worker assesses a family’s readiness to adopt a child, ensuring they can provide a safe and nurturing environment
• A protective petition filed in the Superior Court 

Private (independent) adoption

In private adoptions, parents work directly with an attorney, unlicensed facilitator, or agency, and the birth parents consent to the placement outside of state custody.

These cases often require:

• A six-month to one-year wait, which includes time for the home study, consent, and finalization
• Birth parents selecting the adoptive family, with the state ensuring legal safeguards
• Careful legal drafting for consent and placement
• Compliance with home study and court review requirements

Agency or foster-to-adopt (public) adoption

If the child is in the custody of the Arizona Department of Child Safety (DCS), the prospective parents adopt through a licensed agency.

These adoptions often involve:

• A nine month to one year wait, providing the time needed to follow agency procedures
• Children must already be in foster care or are from families who have had their parental rights terminated
• Matching through DCS or contracted providers

To adopt a child through an agency or public adoption, a rigorous home study and a court review that is focused on trauma-informed care is often required.

Adult adoption

Though less common, Arizona Revised Statute § 14-8101 allows an adult to adopt another consenting adult who is between the ages of 18-21 or an adult of any age who is a stepchild, niece, nephew, cousin, or grandchild of the adopting person.

The adoption process in these cases involves:

• Waiting one to three months, depending on court schedules
• Mutual consent of the adoptee
• A generally streamlined court process

Since each type of adoption involves managing aspects such as paperwork, timelines, and legal requirements, choosing our experienced Arizona adoption attorneys makes the process much easier and faster.

Key Requirements for Adopting in Arizona

Arizona allows those who are 18 years of age or older to adopt, whether they are single, married, a same sex couple, or a domestic partner.

However, certain legal requirements must be met when adopting a newborn, a relative’s child, or a teen from foster care to ensure the child will be cared for in a safe, stable, secure home.

Home study and preparation

Arizona Revised Statute § 8-105 requires a mandatory home study that must be certified by the court before a child can be placed in the home.

This involves a thorough assessment of the prospective adopting parent’s suitability for raising a child, including interviews, home visits, and background checks.

Conducted by a licensed agency or qualified social worker, this normally takes one to three months, depending on complexity and the schedules of those involved.

This results in a written report that is submitted to the court.

Consent and termination of parental rights

Parental rights are terminated as part of the Arizona adoption process under Arizona Revised Statute § 8-106, but only after certain legal procedures are followed. Either consent from all biological parents or a court order terminating those rights is required before an adoption can be finalized.

This consent must be in writing, informed, and, in most cases, filed at least 30 days before finalization, though exceptions exist in rare circumstances.

Placement requirements

In addition to the above-mentioned home study and passing background checks, there are other requirements that those adopting must meet as set out in Arizona Revised Statute § 8-112.

The court will take a detailed look at the applicant’s fitness to adopt children, which includes examining their financial condition, moral fitness, religious background, any physical and mental health conditions, as well as any other factors that could affect the fitness of the prospective adoptive parents.

This ensures the child will be placed in a safe and appropriate environment following the home study and before finalization.

As a result, a minimum waiting period of usually six months for foster placements is to be expected, but may vary depending on the specific details surrounding the adoption.

Court finalization

Adoption finalization takes place in the courts in order to legally transfer parental rights and responsibilities to the adoptive parents.

As a result, the adoption becomes permanent via a court hearing. This consists of the judge issuing a decree of adoption, granting the adoptive parents legal custody as set about in Arizona Revised Statute § 8-117.

Once all required conditions are met, the adoption is finalized in Superior Court. After finalization, the adoptive parents receive a new birth certificate listing them as the child’s legal parents.

Throughout these steps, our adoption attorneys help you gather documentation, coordinate with agencies, draft necessary consents and petitions, and prepare for court to ensure you meet every requirement at each step.

How An Adoption Attorney Can Help You

While some might be tempted to try and adopt a child themselves, it’s important to note that the Arizona adoption process involves deeply personal and legally significant steps.

For example, many adoptions involve terminating a birth parent’s rights, meeting best-interest standards for the child, and ensuring procedural compliance.

Additionally, mistakes in these and other matters can be exceedingly hard to reverse.

Thus, having an experienced adoption attorney ensures your family’s stability and protects against mistakes down the road, no matter what type of adoption you’re seeking. 

Our Arizona adoption attorneys bring experience, strategy, and care to your adoption, helping you focus on the joys of the process instead of being mired down in meeting all of the legal requirements and deadlines.

 Here’s how our adoption attorneys help: 

• Initial strategy session: We review your goals and match you with the adoption type that fits your timeline, finances, and emotional needs.
• Home study coordination: We provide guidance on documentation, financial inventory, family narrative, and readiness assessments. 

Consent and parental rights termination

In order to accomplish this crucial step, we provide clear explanations, proper forms, and ethical compliance to safeguard against invalid or coercive consent.

Court presentation

When it comes time to appear before the Arizona courts, we will be fully prepared. This includes preparing and completing all adoption forms, scheduling hearings, and guiding you through finalization in court.

Post-finalization help

We assist with the final details and requirements, such as birth certificates, name changes, and securing documents.

Additionally, we can help provide you with support after the adoption. This includes utilizing resources offered by Arizona, whether that’s adoption subsidy assistance for children from foster care, reimbursement for certain adoption-related expenses, and counseling referrals if needed. 

Our adoption attorneys can also help you connect with post-adoption support groups, financial aid, and community resources to help your family thrive.

Get Answers to Your Arizona Adoption Questions

Adopting a child can be one of the greatest, most rewarding experiences for a parent. However, there is often confusion, stress, and frustrations involved in the adoption process.

If you have questions or need help with your Arizona adoption, the adoption attorneys at Gillespie, Shields, & Taylor are here for you.

Let us answer your questions, explain your options, and guide you through the adoption process so that you can experience the satisfaction of parenthood.