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Adopting a child is a rewarding and fulfilling experience for many parents. Giving a child a "forever home" where they can grow and thrive in a safe, secure environment benefits everyone involved and helps create strong, loving families. However, adoption law can be complex, as there are many aspects to consider at every stage of the process. If you're at the beginning stages, here are some of the most common questions about the process to help you move forward.

What Families Want to Know About Adoption Laws in Arizona 

Who is eligible to adopt a child?

Any adult over age 18 with a home (either owned or rented) can qualify to adopt a child, regardless of marital status. Although Arizona adoption law does not explicitly state that same-sex couples can adopt, there is no prohibition against it either. Other qualifications to adopt include being lawfully in the U.S., passing a criminal background check, and having a Level 1 Fingerprint Clearance Card from the Arizona Department of Public Safety. Adoption agencies or birth parents usually have additional requirements for placements, as well. 

What is open adoption?

adoption law

In this situation, a child's birth parents have the right to set conditions regarding the adoption, which might include maintaining contact with the child. Essentially, open adoption allows the birth parents to remain involved, as opposed to relinquishing their parental rights. During the adoption process, the details of open adoption will be agreed upon and outlined in a written document. For example, adoptive parents may agree to share photos and updates with the birth family. 

Can birth parents change their minds?

Arizona adoption law prohibits birth parents from withdrawing consent for adoption once it's finalized. The only exception is if they can prove that they gave consent under duress or if the adoption was obtained fraudulently. Birth parents cannot sign consent for adoption until 72 hours after a child's birth, giving them time to consider the decision. However, once signed, consent is irrevocable. 

What is the difference between an agency and private adoption?

An agency adoption requires the birth parents to relinquish their parental rights to an adoption agency, which then places the child with a suitable family. The birth parents may choose to be involved in this selection process, though. Alternatively, a private adoption, also known as direct placement, means that the birth parent grants guardianship to a family they've chosen. They grant consent directly to the adoptive parents, who generally take responsibility as soon as the child leaves the hospital after birth. 

 

If you want to grow your family by adopting a child, let the Law Offices of Lenkowsky & Fontenot guide you through the process. Since 1985, these experienced attorneys have worked with families throughout Bullhead City, AZ, as they navigate the complexities of adoption law.  To schedule a consultation, call (928) 758-4815, or learn more about the practice online.

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