What are Arizona's adoption laws?

Arizona's adoption laws are in Arizona Revised Statutes Title 8, and a stepparent adoption is handled by the Superior Court, with a fairly straightforward process compared with many states. Here are the main points for stepparents.

Who can adopt: You must be an adult Arizona resident. A.R.S. § 8-103 sets no minimum residency period, so there is no waiting time before you can file.

Court: Your case goes to the Superior Court. Arizona has 15 counties, and the clerk in your county can confirm local filing details.

Consent:

• A child who is 12 or older must consent to the adoption (A.R.S. § 8-106).
• Your spouse must consent.
• The other legal parent must either sign a consent or have their rights ended by the court. In Arizona, ending parental rights is handled separately, through a motion to sever parental rights.

Abandonment: If the other parent has abandoned the child, the period in Arizona law is six months (A.R.S. §§ 8-531(1), 8-533(B)(1)). Whether your situation qualifies depends on the facts. For a contested case or a parent you can't locate, ask the Superior Court clerk or an attorney about your specific circumstances.

Home study: Home studies are waived in stepparent adoptions (A.R.S. § 8-105).

Background check: Arizona requires fingerprint clearance for adoption petitioners.

Paperwork you can expect:

• Petition for Adoption
• Consent forms, or a motion to sever parental rights
• Your spouse's consent to the adoption
• Proof that the other parent was notified, either personal service by a sheriff or process server, or service by publication if the parent's location is unknown after diligent efforts

Timeline and cost: Stepparent adoptions in Arizona typically take 4-8 months. Court filing fees generally run $200-$350. Doing it yourself without an attorney typically costs under $1,000 in total, compared with $3,000-$5,000+ with an attorney.

Adult adoption: Under A.R.S. § 14-8101, any adult may adopt another adult who is either 18 to 21 years old and consents, or a current or former stepchild, niece, nephew, cousin or grandchild of the adopter. A foster parent may also adopt an adult who was placed in their care as a juvenile if they have kept a continuous family relationship for five or more years. The adoption is done through a written agreement that the court approves, and a hearing is required. The adult adoptee must consent, and so must a spouse of either person. Adult adoptions typically take 2-3 months.

Where the details depend on your family: If the other parent contests the adoption, can't be found, or you have questions beyond the points above, the Superior Court clerk in your county or an Arizona family law attorney can advise on your situation.

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 (or one adult adoptee) and $99 for each additional child.