FAQ - Adoption
What is required to adopt in Arizona?
In Arizona adoptive parent(s) must be certified by the court as acceptable to adopt children. The certification process includes:
a written application
adoption orientation and training
a certification investigation and report to the court that considers the prospective adoptive parents' fitness to adopt children and includes:
social history and references
finances
moral fitness
physical and mental health
any court action regarding child abuse
the ability of you and every adult member of your household to successfully pass a fingerprint-based criminal history records check
any other relevant information
Resources:
Department of Child Safety - Adoption
Arizona State Statute - A.R.S. § 8-109
Who may adopt in Arizona?
Any adult (age 18 or older) resident of Arizona, whether married, unmarried, widowed or legally separated is eligible to qualify to adopt children. A husband and wife may jointly adopt children.
For Arizona families wanting to adopt children living in a different state, an adoption referral must be sent from the Arizona ICPC (Interstate Compact for the Placement of Children) office to the state in which the child resides and a home study must be completed.
For out-of-state families wanting to adopt an Arizona child, the process is similar, however, the adoption referral needs to be initiated from the state ICPC office in which the family resides and sent to Arizona as the child is in the care, custody and control of Arizona.
In cases where there is an ICPC, families must receive approval thru their state ICPC office and, in some states, receive certification from the court to adopt. Arizona now provides families the option of finalizing ICPC adoptions either in Arizona or the state where the child is currently residing.
Resources:
Department of Child Safety - Adoption
Arizona State Statute - A.R.S. § 8-103
Do I need to be certified to adopt a relative?
If you are adopting a relative and you are the uncle, aunt, adult sibling, grandparent or great-grandparent of the child, you do not have to be certified. You will, however, need to pass a fingerprint-based criminal history records check in order to be approved by the court to adopt.
Resources:
Department of Child Safety - Adoption
Arizona State Statute - A.R.S. § 8-108
What if I have custody of a child that I want to adopt, but am not certified?
If you currently have or will be given custody of a child that you intend to adopt, but are not certified you must file for temporary custody of the child. The temporary custody order must be filed no more than 5 days after you received custody of the child. A hearing at the Superior Court where you file will be held within 10 days to determine what is in the best interest of the child. If the court grants your temporary custody order, you will then begin the certification process.
Resources
Arizona State Statute - A.R.S. § 8-105
Arizona State Statute - A.R.S. § 36-1681
How do I begin the process to be certified to adopt a foster child?
Arizona contracts with individual licensing agencies to conduct home studies. The best way to begin the process to become an adoptive parent is by watching the Orientation Videos on the DCS foster care page. While foster care and adoption are different, the videos provide a good overview of the process for both, as well as giving you information about the needs of our children and tips on how to select the agency that will be the best fit for your family. Families must receive approval thru their state ICPC office and, in some states, receive certification from the court to adopt. Arizona now provides families the option of finalizing ICPC adoptions either in Arizona or the state where the child is currently residing.
Resources:
How is an adoptive home for a child selected?
When selecting an adoptive home for a child, DCS considers which home would best meet the safety, social, emotional, physical and mental health needs of the child. An important distinction to keep in mind is that it is responsibility of DCS to find families for children, not to find children for families. In other words, the focus of the Department is on determining who can best meet the needs of the child.
It is also important to look at the big picture when finding an adoptive home for a child. For example, does the child have brothers and/or sisters who also need an adoptive home? Can all the siblings be placed together? Are there any relatives with whom the child may be placed? Are there people with whom the child has an existing relationship, perhaps a former foster parent or teacher? Another important consideration is the wishes of the child; in Arizona children age 12 or older must agree to being adopted.
Resources:
Will the Adoption Unit answer any and all questions on the status of my adoption case?
How soon can I have my adoption hearing take place?
How soon can I have my adoption hearing take place?
How soon can I have my adoption hearing take place?
There may be some instances where, if you are authorized to receive information on an adoption certification or adoption case and you are calling about the status of your order, you may be asked to contact the division directly.
Resources
How soon can I have my adoption hearing take place?
It typically takes up to six months for an adoption hearing to take place. If you are not able to wait six months you can file a motion, supported by an affidavit, for an expedited hearing with the court stating why it would be in the best interest of the child and that either:
the child has been diagnosed with a progressive, chronic, debilitating or fatal disease
the prospective adoptive parent is terminally ill
other time sensitive reasons as determined by the court
If the court approves your motion, your hearing may be set anytime after your petition is processed.
Resources
What happens after an order of adoption is entered?
Once the court decides that adoption state statutes have been met and abided by, the court will enter an order of adoption. The statement of facts as to why the court came to its decision and why the adoption is in the best interest of the child must be in writing. Once the adoption order is entered, it is conclusive and binding.
Post an order of adoption, the adoptive parents have the opportunity to change the name of the child. If the child is 12 or older, the court will ask them about what their name change wishes.
Finally, all parental rights, responsibilities, privileges of the biological parents are severed.
Up to 1 year after the order has been entered an adoption can be appealed. It is uncommon and will only be overturned if there has been unethical behavior by the court or if the jurisdiction of the child in regards to the filing was incorrect.
Resources
Arizona State Statute - A.R.S. § 8-116
Arizona State Statute - A.R.S. § 8-116.01
Arizona State Statute - A.R.S. § 8-117
If my child is being adopted, can I ever talk or see them again?
It is up to the adoptive family and the court. If they believe that it is in the best interest of the child to remain in communication with you, than you can enter into written agreement as long as it is approved by the court. This agreement can be terminated by any time by the adoptive parents if the relationship alters and is no longer in the best interest of the child.
Resources
Arizona State Statute - A.R.S. § 8-116
Arizona State Statute - A.R.S. § 8-116.01
Arizona State Statute - A.R.S. § 8-117