Common Steps in the Arizona Adoption Process

Adoptions come in all shapes and sizes. This can be juvenile adoptions or adult adoptions. No matter if this is private, agency, stepparent, second parent (LGBTQ+), Department of Child Safety (State), kinship, foster parent or foster care, Interstate Compact on the Placement of Child (ICPC), international or domestic, surrogacy-based, or open or closed adoption – our office handles them similarly.

Consultation

Adoptions start with a phone consultation. We have found that phone consultations provide more flexibility and less travel for our clients. The calls are about 30 minutes. The consultation will cover the timeline from where the client is and what steps are next, through the conclusion of the matter.

Legal Services Agreement

To start any case, a Legal Services Agreement (LSA) is required. The LSA is signed using electronic signature technology. Once signed, the client’s matter is opened. For most cases, only the birth certificate needs to be emailed. Then, drafting will start.

Petition to Adopt

Drafting the Petition will take less than a week in most cases. This includes opening the file, reviewing the records, and preparing the Petition to Adopt, and all of the documents that go with it. The Petition is then sent for client review and approval. Once approved, the Petition is filed with the Court to get an adoption hearing scheduled. It takes about two weeks to get a hearing date.

Hearing Date Eligibility

All adoption hearings should be held in less than 6 months. Most adoptions qualify for an expedited hearing in either 60 or 90 days.
The timeframe is controlled by Arizona Revised Statute 8-113(D):

1. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
2. Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
3. In all other cases, within six months after the filing of the petition for adoption.

Notice of Hearing

The Notice of Hearing for the adoption hearing is issued by the assigned judge. The adoptive parent(s) and the child or children being adopted must attend this hearing. All adoption hearings are private, meaning closed to the public.

Virtual Hearings

Many hearings are being held virtually. It is relatively short, lasting 10-15 minutes, so virtual often makes sense. The adoptive party is welcome to invite friends, family, bio parents, and anyone who helped support you along this journey. Virtual hearings also present a unique opportunity for guests to take a quick break from work or are out-of-state/country to celebrate the adoption.

Document Finalization

Certificate of Adoption – The Certificate of Adoption is a form sent to Vital Records to amend the birth certificate. Once prepared, the client reviews the information for accuracy. Then, signs. This is the only document that requires a wet-ink signature.

Central Registry Clearance Check – The Central Registry Clearance is completed by the adopting parent(s) and their household. It is sent to the Department of Child Safety (DCS) to run a check on the adults. This check will confirm that there is no substantiated allegation of abuse or neglect.

Fingerprint Clearance Cards – Anyone over the age of 18 in the household must have a fingerprint clearance card (except biological parent).

Decree of Adoption – This is the final Order that the Judge will sign after the adoption hearing. Client will need to confirm everything is correct including names, dates of birth, new name, etc.

Consent of Minor Child – The child needs to sign a consent to the adoption if age 12 or over.

Consent of Parent – In many cases, the natural parent will need to consent to the adoption. Some consents also include a relinquishment of parental rights.
Consent of Department of Child Safety – In state or DCS adoptions, DCS also must consent.

Donor Letter – A donor letter is required from the fertility clinic. This letter waives the rights of the donor. This is commonly needed in cases that involve Assisted Reproductive Technology (ART) with any type of donor and/or processes such as In Vitro Fertilization (IVF), Intrauterine Insemination (IUI), Intracytoplasmic Sperm Injection (ICSI), or Frozen embryo transfer (FET).

Review Process

An internal review of the case is completed 2-3 weeks before the hearing by the Court and our office. This identifies any potential issues long before the hearing date.

Prehearing Call

About a week before the hearing, we will have a call to go over the hearing. The call is brief. During that time, you will be informed of the hearing, issues, hearing questions, and answer any questions you may have.

Hearing Finalization

After the Adoption Celebration concludes, the Court will sign the Decree and the Certificate of Adoption. A minute entry that details the hearing will be filed. You will receive the original Decree of Adoption with instructions on obtaining the new birth record and, if requested, new social security number.