questions & answers
Question: If I want to sign away my rights to my children so that they can be adopted by their stepfather,what steps do I need to take? How do I petition the court, or am I able to even do this?
Answer: This answer assumes that you are the biological father to all three children and either:
(1) you were married to the mother between each child's conception and birth;
(2) you adopted the children yourself on a prior occasion; *or*
(3) your paternity to all three children was legally established on a prior occasion under A.R.S. § 25-801 or A.R.S. § 36-334.
If these facts do not apply to you, and you simply fathered the children out of wedlock, then the stepfather may be able to adopt without any help from you at all. But assuming the above facts *are* true, you still don't have to take any affirmative steps yourself. All the stepfather has to do is petition for adoption under A.R.S. § 8-109, and then request your informed consent under A.R.S. § 8-106. (He may need consent from other people, too, including the children themselves.) A.R.S. § 8-107, in turn, prescribes the necessary timing and content of your consent. Here is the link to that statute: Finally, always remember that this is a permanent decision. If you are properly served with notice of the adoption, and you lawfully consent, and the procedure goes through as planned, you are permanently barred from asserting any legal interest in the child. In other words, you're out. Forever. See A.R.S. § 8-106(G)(1)-(7):
Mother Starting Over said
Thank you for this post. It has really helped concerning a few questions I had when other sites could not.
I would like to adopt my wife's son who I have raised since he was a 1 year old. His father will give us permission, but I don't know where to start.
If I want to sign away my rights to my children so that they can be adopted by their stepfather,what steps do I need to take? How do I petition the court, or am I able to even do this?
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program