Arizona Adoption Laws, Page 3

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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.

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

• 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)

In writing, witnessed by two or more credible witnesses, and acknowledged before a notary public

Revocation of Consent

Statute: § 8-106(D)

• Consent is irrevocable unless obtained by fraud, duress, or undue influence
  

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Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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