Arizona Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 8-106(A), (B)
- The birth or adoptive mother
- The father:
- If he was married to the mother at the time of conception
- Is the adoptive father
- Has otherwise established paternity
- Any guardian of the child or agency that has been given the child to place for adoption
- The guardian of an adult parent, if one has been appointed
- Minority of the parent does not affect competency to consent.
- If he was married to the mother at the time of conception
Age When Consent of Adoptee is Considered or Required
Statute: § 8-106(A)
- A child 12 years of age or older must consent to the adoption in open court.
When Parental Consent is not Needed
Statute: §§ 8-106(B);8-106.01(E)- A parent has had his or her parental rights terminated.
- A parent has previously consented that an agency place the child.
- An adult parent has had a guardian appointed.
- A putative father who does not file claim of paternity waives right of notice.
When Consent Can Be Executed
Statute: § 8-107(B)
- Any consent given sooner than 72 hours after the birth of the child is invalid.
How Consent Must Be Executed
Statute: § 8-107(A)
Revocation of Consent
Statute: § 8-106(D)
- Consent is irrevocable unless obtained by fraud, duress, or undue influence
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