We divorced and remarried — can my spouse adopt my child now in Arizona?

Yes, your spouse can pursue a stepparent adoption of your child in Arizona. The eligibility rule in A.R.S. § 8-103 speaks of any adult Arizona resident, "whether married, unmarried or legally separated." It is about who you are now, not about your marriage history. If you have a question about how a court views an earlier divorce, the Superior Court clerk in your county or an attorney can confirm it for your situation.

Residency: Your spouse must be an Arizona resident, but A.R.S. § 8-103 sets no minimum period. You do not need to wait months to file.

What the petition involves:

• A Petition for Adoption filed in your county's Superior Court
• Your consent as the child's parent and spouse of the adopter
• Consent forms from the other legal parent, or a motion to sever that parent's rights
• Fingerprint clearance for the adopting stepparent

The other parent: This is usually the most important question in any stepparent adoption. If the other parent will sign consent, the process is simpler. If not, the case may involve a separate termination of parental rights. Arizona's abandonment provisions (A.R.S. §§ 8-531(1), 8-533(B)(1)) refer to a six-month period. Whether your facts qualify, or what to do if the other parent's whereabouts are unknown or they object, depends on your situation. An attorney or the court clerk should advise you on that specific issue.

Your child's consent: If your child is 12 or older, A.R.S. § 8-106 applies. If your child is younger than that, this consent step does not apply.

Home study: Under A.R.S. § 8-105, the home study is waived for stepparent adoptions, so you will not need to schedule one.

Timeline and cost:

• Stepparent adoptions in Arizona typically take 4-8 months.
• Court filing fees run about $200-$350.
• The total typical cost is under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

Getting started: Make sure the paperwork reflects your current marriage and your spouse's role. Then gather what you can about the other parent, including their address and whether they are likely to consent. These details shape which forms you need.

Many families have complicated histories, and a divorce followed by remarriage is one of them. What the court looks at is the adoption petition and the required consents, and the clerk's office can confirm local filing details.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 551 Arizona families, and more than 34,000 families nationally since 2001.