questions & answers

Question: i have a 5 month old. the father has isnt on the birth certificate, hasnt filed for rights or establishment of paternity through the courts or anything. he rarely sees the child and when he does its only when its convenient for him. and 98% of the time, he doesnt even claim the child as his own. for example: he tells me to have the real father pay for things. i do not know his current address and was curious about something. i am currently in a relationship with someone new. if i were to marry this person, could he legally adopt the my child? what would he have to do to legally adopt my child?

Answer: Arizona Revised Statute § 8-106 , explains the process for a non-legal father to adopt a child. A non-legal father may adopt a child with the mother’s written consent and the legal father’s written consent if paternity has been established and the legal father has not had his parental rights terminated. If paternity has not been established, an adoptive father may still adopt the child, but notice must first be given to all potential legal fathers so that they may establish paternity and decline consent if they so choose. Please also see the following article on Adoption. Adoption can be a very complex and complicated matter; thus,  for detailed legal advice, please see an attorney. For legal aid options, please see this link.