Arizona Stepparent Adoption Petition + Decree Filing Packet

Arizona Stepparent Adoption Petition + Decree Filing Packet

Part 1: Pre-Petition Checklist

☐ Stepparent is legally married to the child's legal parent (certified marriage certificate obtained).
☐ Stepparent is at least 18 years of age (A.R.S. § 8-103).
☐ Child has resided with stepparent and biological parent for at least 6 months prior to filing (practice standard for stepparent expedited certification).
☐ Stepparent and each adult household member holds a current Level I fingerprint clearance card under A.R.S. § 41-1758.07.
☐ Application for Certification to Adopt (expedited under A.R.S. § 8-105) submitted to a court-approved officer / agency / DCS contractor.
☐ Certified copy of the child's birth certificate obtained.
☐ Identity and last known address of the non-custodial parent ascertained.
☐ Non-custodial parent's notarized Consent under A.R.S. § 8-107 (signed not less than 72 hours after birth, before notary, with 2 adult witnesses); OR
☐ Severance petition prepared on grounds under A.R.S. § 8-533 (abandonment, neglect/abuse, mental illness, chronic substance abuse, felony conviction, etc.).
☐ Child age 12+: arrangements made for child to give consent in open court (A.R.S. § 8-106(A)(3)).
☐ Notice and putative-fathers registry compliance under A.R.S. § 8-106(G)-(I), § 8-106.01, including any required diligent search.
☐ Birth mother's notarized affidavit listing all potential fathers (A.R.S. § 8-106(F)).
☐ Certificate from ADHS State Registrar of Vital Statistics stating diligent search of Putative Fathers Registry has been completed (A.R.S. § 8-106.01(H)).
☐ Indian Child Welfare Act inquiry completed; tribal notice prepared if applicable.
☐ Filing fee confirmed with Superior Court Clerk.
☐ Decision on child name change.

Part 2: Petition for Adoption (A.R.S. § 8-109)

SUPERIOR COURT OF ARIZONA
COUNTY OF [____________________]
JUVENILE DIVISION

No.: JA-[____]-[____]

PETITION FOR ADOPTION BY STEPPARENT

Petitioner [STEPPARENT NAME], pursuant to A.R.S. Title 8, Chapter 1, petitions this Court for an Order of Adoption permitting Petitioner to adopt the minor child [CHILD NAME], and respectfully alleges:

1. Petitioner and Spouse. Petitioner [STEPPARENT NAME], age [____], resides at [________________________________], [_____________], Arizona [_______]. Petitioner is legally married to [LEGAL PARENT NAME], the child's legal parent, since [__/__/____]. A certified copy of the marriage certificate is attached as Exhibit A.

2. Relationship to the Child. Petitioner's relationship to the child is: STEPPARENT, by virtue of the marriage above.

3. Certificate of Acceptability / Expedited Stepparent Certification (A.R.S. § 8-105). Petitioner has obtained, or is in the process of obtaining, a current Certificate of Acceptability to Adopt under the expedited stepparent procedure of A.R.S. § 8-105. Issuance date: [__/__/____]. A copy is attached as Exhibit B.

4. The Child.

5. Current Living Circumstances. The child has resided in Petitioner's home continuously since [__/__/____]. The child's placement with Petitioner did not require formal placement procedures because Petitioner is a stepparent (A.R.S. § 8-109(7)).

6. Legal Parents.

• Joining Legal Parent / Spouse: [LEGAL PARENT NAME], residing at the same address.
• Non-custodial parent: [NON-CUSTODIAL PARENT NAME], last known address [________________________________].

7. Consent of Joining Spouse. [LEGAL PARENT NAME] consents to the adoption and joins this Petition.

8. Consent of Non-Custodial Parent or Severance.

☐ The non-custodial parent has executed a written Consent to Adopt before a notary and two witnesses, attached as Exhibit D; OR

☐ The non-custodial parent's parental rights have been terminated by Order in Cause No. [____________________] dated [__/__/____], attached as Exhibit D; OR

☐ A Petition to Terminate Parent-Child Relationship under A.R.S. § 8-533 is being filed concurrently / has been filed in Cause No. [____________________] on the following grounds:
☐ Abandonment (A.R.S. § 8-531(1), § 8-533(B)(1)) — failure to maintain a normal parental relationship without just cause for at least 6 months (prima facie evidence);
☐ Neglect or willful abuse;
☐ Chronic substance abuse or mental illness;
☐ Felony conviction depriving child of normal home;
☐ Other ground under § 8-533: [________________________________].

9. Consent of Child Age 12+ (A.R.S. § 8-106(A)(3)).
The child is [____] years of age. ☐ Under 12 — consent not required. ☐ 12 or older — child will appear in open court to give consent on the record at the final hearing; child has been informed of the legal effect of the adoption.

10. Putative Fathers Registry (A.R.S. § 8-106.01). A request has been made to the Arizona Department of Health Services for a Certificate of Diligent Search of the Putative Fathers Registry as to the child. The Certificate will be filed before the final hearing. Birth Mother's Affidavit listing all potential fathers (A.R.S. § 8-106(F)) is attached as Exhibit E.

11. Notice to Potential Fathers. ☐ Not required (consent in hand). ☐ Notice under A.R.S. § 8-106(G)-(I) served on potential father(s); 30-day window to file paternity action has expired without action.

12. Fees and Expenses. Pursuant to A.R.S. § 8-114, Petitioner has not given or received any thing of value in connection with this adoption other than fees authorized by law. ☐ Petitioner is a stepparent and a verified accounting is not required under Rule 83, Ariz. R.P. Juv. Ct.

13. Background. Petitioner and each adult member of the household holds a current Level I fingerprint clearance card. Card numbers and expiration dates are attached as Exhibit F.

14. Best Interests. The proposed adoption serves the child's best interests by providing the legal recognition of the parent-child bond already in place with Petitioner stepparent and by furnishing the child with stability, security, and rights of inheritance.

WHEREFORE, Petitioner respectfully prays that this Court:

a. Assume jurisdiction under A.R.S. Title 8, Chapter 1;
b. Receive and approve all required consents, including the in-court consent of the child if age 12+;
c. Order the social study and report under A.R.S. § 8-112, on an expedited basis for a stepparent adoption;
d. Set the final hearing;
e. Enter a Final Order of Adoption establishing Petitioner as the legal parent of the child under A.R.S. § 8-117;
f. Order the requested name change for the child;
g. Direct the Arizona Department of Health Services State Registrar of Vital Records to issue a new certificate of birth; and
h. Grant such further relief as is just and equitable.

DATED: [__/__/____]

_______________________________
[STEPPARENT NAME], Petitioner

_______________________________
[LEGAL PARENT NAME], Joining Spouse

VERIFICATION

I, [STEPPARENT NAME], declare under penalty of perjury under the laws of the State of Arizona that the foregoing is true and correct to the best of my knowledge.

Dated: [__/__/____] Signed: _______________________________

[Repeat verification for [LEGAL PARENT NAME].]

Prepared by:

_______________________________
[ATTORNEY NAME], SB No. [______]
Attorney for Petitioner
[Firm], [Address], [Phone], [Email]

Part 3: Consent to Stepparent Adoption by Non-Custodial Parent (A.R.S. § 8-106, § 8-107)

STATE OF [_____________]
COUNTY OF [____________________]

CONSENT TO STEPPARENT ADOPTION

I, [NON-CUSTODIAL PARENT FULL NAME], born [__/__/____], residing at [________________________________], being first duly sworn and in the presence of two competent adult witnesses, state:

1. I am the [biological mother / biological father / adoptive parent] of [CHILD FULL NAME], born [__/__/____].

2. I have been informed and understand that [STEPPARENT NAME], spouse of [LEGAL PARENT NAME], wishes to adopt the child.

3. I have been informed of, and acknowledge:
   a. That the adoption will permanently terminate my parental rights, including the right to custody, visitation, decision-making, and inheritance (A.R.S. § 8-117);
   b. That my obligation to pay future child support will terminate upon entry of the adoption decree (but pre-existing arrears remain owing);
   c. That under A.R.S. § 8-106(D), THIS CONSENT IS IRREVOCABLE EXCEPT FOR FRAUD, DURESS, OR UNDUE INFLUENCE;
   d. That I have the right to consult independent legal counsel and either have done so or knowingly waive that right.

4. The child has not been less than 72 hours old at any time relevant to this Consent.

5. I have not received and have not been promised any thing of value in exchange for this Consent (A.R.S. § 8-114).

6. I voluntarily CONSENT to the adoption of the child by [STEPPARENT NAME].

Dated: [__/__/____] Signed: _______________________________

WITNESSES (two adult witnesses required; A.R.S. § 8-107):

Witness 1: _______________________________ Address: [________________________________]
Witness 2: _______________________________ Address: [________________________________]

STATE OF [_____________], COUNTY OF [____________________]
Subscribed and sworn to before me this [____] day of [_____________], [______].

_______________________________
Notary Public My Commission Expires: [__/__/____]

Part 4: Notice / Record of Consent of Child Age 12+ (A.R.S. § 8-106(A)(3))

NOTICE OF CHILD'S CONSENT — TO BE TAKEN IN OPEN COURT

Petitioners advise the Court that the child, [CHILD FULL NAME], age [____], will appear at the hearing on [__/__/____] to give consent to the adoption in open court, on the record, as required by A.R.S. § 8-106(A)(3). The child has been informed of the legal effect of the adoption.

The following written acknowledgment may be supplied to the Court for completeness, but does NOT substitute for in-court consent:

I, [CHILD FULL NAME], age [____], state that:

1. I understand that [STEPPARENT NAME] wishes to adopt me.
2. I understand that after the adoption, [STEPPARENT NAME] will be my legal parent.
3. I understand that my legal relationship with [NON-CUSTODIAL PARENT NAME] will end.
4. I consent to the adoption.

Dated: [__/__/____] Signed: _______________________________

Part 5: Petition for Termination of Parent-Child Relationship (A.R.S. § 8-533) — Use If Non-Custodial Parent Will Not Consent

PETITION FOR TERMINATION (SEVERANCE) OF PARENT-CHILD RELATIONSHIP

Petitioners [LEGAL PARENT NAME] and [STEPPARENT NAME] allege:

1. The minor child [CHILD NAME], born [__/__/____], is the natural child of [LEGAL PARENT NAME] and Respondent [NON-CUSTODIAL PARENT NAME], whose last known address is [________________________________].

2. Petitioners seek termination of the parent-child relationship between the child and Respondent on the following ground(s) under A.R.S. § 8-533(B):

☐ (1) Abandonment. Respondent has failed to maintain a normal parental relationship with the child, without just cause, for a period in excess of 6 months — prima facie evidence of abandonment under A.R.S. § 8-531(1). Specifically:
☐ No visits, phone calls, electronic communication, or attempted contact for [____] months;
☐ No financial support contributed for [____] months; arrears = $[____________];
☐ Failure to send cards, gifts, or other parental indicia;
☐ Other: [________________________________].

☐ (2) Neglect or willful abuse.

☐ (3) Mental illness, mental deficiency, or history of chronic abuse of drugs/alcohol/controlled substances.

☐ (4) Parent is deprived of civil liberties due to felony conviction.

☐ Other ground: [________________________________].

3. Termination of the parent-child relationship is in the best interests of the child because: [________________________________].

WHEREFORE, Petitioners request that the Court enter an Order terminating the parent-child relationship between the child and Respondent.

Dated: [__/__/____] Signed: _______________________________
Petitioners

VERIFICATION (sworn under penalty of perjury).

Part 6: Notice / Service to Putative Fathers (A.R.S. § 8-106(G); § 8-106.01)

NOTICE TO POTENTIAL FATHER

TO: [PUTATIVE FATHER NAME or "Any person claiming to be the biological father of [CHILD] born to [BIRTH MOTHER] on [__/__/____]"]

Under A.R.S. §§ 8-106 and 8-106.01, you are notified that:

1. An adoption is planned for the above child.
2. You have the right to consent to or withhold consent to the adoption.
3. To assert any interest in the child, you must initiate paternity proceedings under A.R.S. Title 25, Chapter 6, Article 1, serve the mother within 30 days of completion of service of this Notice, and proceed to judgment.
4. You must begin to provide financial support for the child if paternity is established.
5. Your failure to file a paternity action and to serve and proceed to judgment within the time prescribed will BAR you from bringing or maintaining any action to assert any interest in the child.

Dated: [__/__/____] Signed: _______________________________
[ATTORNEY NAME], SB No. [______]

REQUEST FOR CERTIFICATE OF DILIGENT SEARCH OF PUTATIVE FATHERS REGISTRY

To: Arizona Department of Health Services, State Registrar of Vital Statistics

Pursuant to A.R.S. § 8-106.01, please conduct a diligent search of the Putative Fathers Registry and issue a Certificate stating all filings or that no filing has been found pertaining to the father of:

Dated: [__/__/____] Signed: _______________________________

Part 7: Birth Mother's Affidavit Listing All Potential Fathers (A.R.S. § 8-106(F))

AFFIDAVIT OF BIRTH MOTHER

I, [BIRTH MOTHER NAME], being first duly sworn, state under oath:

1. I am the birth mother of [CHILD NAME], born [__/__/____].
2. The following are all of the potential fathers of the child, and all information requested below is complete and accurate to the best of my knowledge:

3. ☐ I have no information regarding any other potential fathers.

Dated: [__/__/____] Signed: _______________________________

Subscribed and sworn to before me this [____] day of [_____________], [______].

_______________________________
Notary Public

Part 8: Expedited Stepparent Social Study / Certification Authorization (A.R.S. § 8-105)

AUTHORIZATION FOR EXPEDITED STEPPARENT SOCIAL STUDY AND BACKGROUND CHECK

I, [STEPPARENT NAME], date of birth [__/__/____], holder of Arizona Level I Fingerprint Clearance Card No. [____________________] (expires [__/__/____]), residing at [________________________________], authorize:

☐ The court-appointed officer / approved agency / DCS contractor to conduct the expedited social study and prepare the report required by A.R.S. § 8-105 / § 8-112;
☐ Release of state and federal criminal history records, fingerprint clearance card information, DCS Central Registry information, and any child welfare file information to the Court in Cause No. JA-[____]-[____];
☐ A financial statement and physician's statement of physical health (A.R.S. § 8-105).

Dated: [__/__/____] Signed: _______________________________

[Repeat for each adult member of household.]

Part 9: Final Order of Adoption (A.R.S. § 8-117)

SUPERIOR COURT OF ARIZONA
COUNTY OF [____________________]
JUVENILE DIVISION

No.: JA-[____]-[____]

FINAL ORDER OF ADOPTION

This matter came before the Court for hearing on the Petition for Adoption by Stepparent filed by [STEPPARENT NAME], joined by [LEGAL PARENT NAME]. The Court reviewed the Petition, the Certificate of Acceptability under A.R.S. § 8-105, all required consents, the social study and report under A.R.S. § 8-112, the Certificate of Diligent Search of the Putative Fathers Registry from the Arizona Department of Health Services under A.R.S. § 8-106.01, the fingerprint clearance cards under A.R.S. § 41-1758.07, and any termination order under A.R.S. § 8-533. The Court heard the consent of the child in open court (if applicable under A.R.S. § 8-106(A)(3)) and the testimony of Petitioners.

THE COURT FINDS:

1. The Court has jurisdiction over the parties and subject matter.
2. All consents required by A.R.S. § 8-106 have been duly given or are not required.
3. Petitioner [STEPPARENT NAME] is fit and proper to adopt and has been certified as acceptable to adopt under A.R.S. § 8-105.
4. The adoption serves the best interests of the child.

THE COURT ORDERS, ADJUDGES, AND DECREES:

A. The adoption of [CHILD NAME] by [STEPPARENT NAME] is GRANTED.

B. Pursuant to A.R.S. § 8-117, the child shall hereafter be, for all legal purposes, the child of [STEPPARENT NAME] and [LEGAL PARENT NAME], with all of the rights, duties, and obligations arising from the parent-child relationship, including the right to inherit by, through, and from the adoptive parents.

C. All parental rights, duties, and obligations of [NON-CUSTODIAL PARENT NAME] are extinguished, except for any arrears in court-ordered child support accrued prior to the entry of this Order.

D. The child's name is changed to: "[NEW LEGAL NAME]."

E. The Arizona Department of Health Services, State Registrar of Vital Records, is directed to issue a new birth certificate consistent with this Order. The original certificate and the adoption records shall be sealed in accordance with Arizona law.

F. The Clerk of the Court shall transmit a certified abstract of this Order to the State Registrar of Vital Records within the time required by law.

DATED: [____] day of [_____________], [______].

_______________________________
Judge of the Superior Court / Juvenile Court

Presented by:

_______________________________
[ATTORNEY NAME], SB No. [______]

Part 10: Certificate of Adoption / Report to State Registrar (Amended Birth Certificate)

CERTIFICATE OF ADOPTION

To: Arizona Department of Health Services, Bureau of Vital Records
P.O. Box 6018, Phoenix, AZ 85005

Certified by: _______________________________ Date: [__/__/____]
Clerk of the Superior Court

Sources and References

• A.R.S. Title 8, Chapter 1 (Adoption): https://www.azleg.gov/arsDetail/?title=8
• A.R.S. § 8-106 (Consent to adoption): https://www.azleg.gov/ars/8/00106.htm
• A.R.S. § 8-106.01 (Putative fathers registry): https://www.azleg.gov/ars/8/00106-01.htm
• A.R.S. § 8-117 (Adoption decree; effect)
• A.R.S. § 8-533 (Termination grounds — abandonment 6-month presumption)
• Arizona Rules of Procedure for the Juvenile Court, Rules 83-90
• Arizona DHS Bureau of Vital Records — adoption / amended birth certificate process: https://www.azdhs.gov/licensing/vital-records/
• Pima County Superior Court — Adoption procedures (good practice reference): https://www.sc.pima.gov