How Do I Adopt in Arizona? A Guide to the 3 Paths for Growing Your Family

What is the Legal Process for Adoption in Arizona?

Adoption is one of the happiest things we get to do as family law attorneys. For over 35 years, our team at Knochel Law Offices has helped families in Bullhead City, Lake Havasu, and across the Tri-State area come together. It’s a wonderful, life-changing journey.

But it’s also a serious legal process.

You can’t just sign a piece of paper. Adoption is the legal process of creating a new, permanent parent-child relationship. It ends the legal rights of the biological parents and creates all new rights for the adoptive parents.

Because this is so permanent, the process is very detailed. The court’s number one job is to make sure the adoption is in the “best interests of the child.”

The process in Arizona can be confusing. There are different paths, different rules, and a lot of paperwork. Let’s walk through the three main types of adoption and how an attorney helps make sure your journey is as smooth as possible.

What Are the 3 Main Types of Adoption in Arizona?

The process is very different depending on how you are adopting. Here in Arizona, the paths usually fall into one of three categories.

1. Private / Independent Adoption

This is when the adoptive parents work directly with the birth mother (and/or birth father) to adopt a newborn.

• Who is it for? Families who want to adopt an infant and have already connected with a birth mother (either on their own or through a facilitator).
• The Process: This is a very sensitive legal process. The birth mother’s rights cannot be legally terminated until at least 72 hours after the child is born, according to Arizona statute A.R.S. § 8-107. This is a hard 72-hour waiting period.
• How a Lawyer Helps: This is not something you should ever do without a lawyer. Our team handles all the legal steps. We file the petition with the court, make sure the birth parents’ rights are terminated correctly (so the adoption can’t be challenged later), and handle all the paperwork for the social studies and final hearing. We also make sure any money paid to the birth mother for living expenses is legal, documented, and approved by the court, as Arizona law is very strict about this.

2. State / Public Adoption (DCS)

This is when you adopt a child who is in the care of the state. These are children who were removed from their homes due to neglect or abuse.

• Who is it for? Families who are open to adopting older children, sibling groups, or children with special needs.
• The Process: First, you must be certified as an adoptive parent by the Arizona Department of Child Safety (DCS). This involves training classes (called PS-MAPP) and a home study. Once you are certified, you can be “matched” with a child whose parents’ rights have already been terminated by the court.
• How a Lawyer Helps: Once a child has been placed with you for adoption, DCS’s lawyers will handle much of the court process. However, many families (and we strongly recommend this) hire their own independent attorney. We review all the paperwork from the state, represent your interests at the final hearing, and make sure the adoption subsidy and other benefits are correct. It gives you peace of mind knowing you have a lawyer on your side.

3. Stepparent or Relative Adoption

This is the most common type of adoption we see in Mohave County. This is when a stepparent wants to adopt their spouse’s child.

• Who is it for? Blended families where a stepparent has been raising a child as their own and wants to make that relationship legal.
• The Process: This is a two-step process. First, the other biological parent’s rights must be terminated.
• How a Lawyer Helps: This is the most critical part. If the other parent is unknown, has abandoned the child, or is unfit, we must file a “Petition to Terminate Parent-Child Relationship.” This is a very serious lawsuit. We have to serve the parent and prove to a judge that they have met the legal standard for termination (like not paying child support or having no contact for a set period). If the other parent agrees to the adoption, they can sign a legal consent. Once the termination is complete, we can file the adoption petition for the stepparent.

What Are the Main Steps in Any Arizona Adoption?

Even though the paths are different, the basic legal framework is similar.

1. Filing the Petition: Your attorney files a “Petition for Adoption” with the Superior Court in your county (e.g., Mohave County Superior Court). This petition tells the judge who you are, who the child is, and why you are asking to adopt.
2. Terminating Birth Parent Rights: As we discussed, this is the most important part. The rights of both biological parents must be legally and permanently terminated. A mistake here can undo an entire adoption.
3. The Home Study / Social Study: The court will order a “social study.” A licensed agency or social worker will visit your home, run background checks (for everyone over 18 in the home), and interview your family. They write a report for the judge recommending whether the adoption is in the child’s best interests.
4. The Waiting Period: After the child is placed in your home, there is usually a waiting period (often 6 months) before the adoption can be finalized.
5. The Final Hearing: This is the best day in court! Your family, your attorney, and the child all go before the judge. The judge will ask a few simple questions, and then sign the final “Decree of Adoption.” This is the moment you legally become a new family.

How Can an Attorney Make the Adoption Process Better?

You may be wondering if you can do this yourself with forms from the internet. When it comes to creating a permanent, legal family, it is a huge risk.

Here is what our team does to make the process smooth and secure:

• We Handle the “Other” Parent: In stepparent adoptions, this is key. We know the exact, complex rules for serving and terminating the rights of an absent or uncooperative parent.
• We Ensure it’s Permanent: The worst thing that can happen is a “contested adoption,” where a birth parent tries to challenge the adoption years later. We make sure every “i” is dotted and every “t” is crossed, so your adoption is secure and final.
• We Take the Stress Off You: The adoption process is emotional. You should be focused on your new child, not on court deadlines and confusing legal forms. We handle the entire legal side so you can focus on being a parent.
• We Navigate the Bureaucracy: We work directly with the social workers, the court clerks, and (in DCS cases) the Attorney General’s office to keep your case moving.

Adoption is a beautiful way to build a family. Our team in Bullhead City is passionate about helping families come together.

Key Takeaways: The Arizona Adoption Process

• It’s a Legal Process: Adoption is a formal court case that creates a new, permanent parent-child relationship and ends the old one.
• Three Main Paths: Your process will be different if it’s a private infant adoption, a public adoption from DCS, or a stepparent/relative adoption.
• Termination is Key: The most critical legal step is the termination of the biological parents’ rights. This must be done perfectly to ensure the adoption is final.
• The Goal is “Best Interests”: The judge’s only job is to make sure the adoption is in the best interests of the child.
• Don’t Do It Alone: An experienced adoption attorney “near me” is your best partner to navigate the complex paperwork and legal hurdles, ensuring your new family is protected.

5 Common Questions About Adoption in Arizona

1. How much does adoption cost in Arizona? It varies wildly. A public adoption from DCS is the least expensive—often costing very little, as the state wants to find good homes for these kids. A stepparent adoption is next, with costs mainly being attorney’s fees and court filing fees. A private infant adoption is the most expensive, as you may be paying for the agency fees, the birth mother’s legal fees, and her court-approved living/medical expenses.
2. The biological father isn’t on the birth certificate. Do we still have to terminate his rights? YES. This is a critical mistake people make. Even if he’s not on the certificate, he may have rights. Arizona has a “Putative Father Registry.” If a man has put his name on this registry, he must be notified of the adoption. An attorney’s job is to check this registry and take the legal steps to terminate the rights of any potential father, known or unknown.
3. How long does the adoption process take? From the time you file the petition, it often takes 6-9 months. This includes the time for the social study and the 6-month waiting period after the child is placed in the home. If it’s a contested termination (where you have to fight to terminate the other parent’s rights), it can take over a year.
4. Can an adoption be “open”? Yes. Arizona law allows for “open adoptions,” where the adoptive family and the birth family agree to have some amount of future contact (like letters, pictures, or even visits). This agreement can be made legally enforceable by the court. This is very common in private and stepparent adoptions.
5. I am a grandparent and I’ve been raising my grandchild. Can I adopt them? Yes. This is a very common and beautiful form of relative adoption. The process is similar to a stepparent adoption. We would first need to file to terminate the rights of the biological parents (your child and/or their partner). We have to prove to the judge that they are unfit or have abandoned the child. Once their rights are terminated, we can proceed with the adoption, and you will become the child’s legal parent.