Can both my spouse and I adopt each other's children from prior relationships in Arizona?

Yes. In Arizona, each of you can adopt your spouse's child from a prior relationship through the stepparent adoption process, filed in the Superior Court in your county. Arizona's data doesn't address filing both adoptions together, so ask the Superior Court clerk in your county whether they can be combined or must be separate cases.

What each adoption involves:

• Residency: You must be an Arizona resident. A.R.S. § 8-103 sets no minimum period, so there is no waiting time before you can file.
• Who can adopt: Under A.R.S. § 8-103, any adult resident, married or unmarried, is eligible to adopt.
• Paperwork: A Petition for Adoption, consent forms or a motion to sever parental rights, and your spouse's consent to the adoption. In a cross-adoption, each of you is both the petitioner in one case and the consenting spouse in the other.
• Fingerprint clearance: Arizona requires it for adoption petitioners, so plan on it for both of you.
• Child's consent: A.R.S. § 8-106 sets the consent age at 12, so a child who is 12 or older must consent. This applies to each child in each adoption.
• The other legal parent: Each child's other parent must consent, or the court must end that parent's rights. Termination is handled separately. Abandonment is addressed in A.R.S. §§ 8-531(1), 8-533(B)(1), with a 6-month period. If a child's other parent is unknown, can't be found, or objects, talk with the clerk or an attorney about that child's case.
• Home study: It is waived under A.R.S. § 8-105.

If some children are adults: Arizona allows adult adoption of a current or former stepchild under A.R.S. § 14-8101. It uses a written adoption agreement approved by the court, and the adult must consent. It typically takes 2-3 months, and a hearing is required. Your spouse must also consent if you are married and the spouse is able to.

Timeline and cost:

• Stepparent adoptions in Arizona typically take 4-8 months. Whether two cases move at the same pace depends on the court, so the clerk can confirm.
• Court filing fees run about $200-$350. Ask the clerk whether the fee applies to each petition.
• The total typically comes to under $1,000 when you prepare the paperwork yourselves, compared with $3,000-$5,000+ for an attorney.

Things to confirm with the clerk or an attorney:

• Whether the court wants the two cases filed together or one after the other.
• How the court will schedule your hearings.
• Anything specific to your family, such as a contested case or a parent who can't be located.

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