questions & answers

Question: My sister in law recently asked my husband (her brother) to adopt her baby, the baby is due in January. She is willing to sign over parental right. She has not been able to get in contact with the father of the baby since she informed him of the pregnancy. He told her he does not want anything to do with the baby. Do we have to his written consent to proceed with the adoption? Is there a legal way to contact him to get the form signed?

Answer: Adoption is covered in Title 8 of the Arizona Revised Statutes.  Section 8-106 sets out the consent requirements.  The problem with not having the father's consent is the risk that he will come back later and try to invalidate the adoption.  You should at least speak with an attorney before getting started.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.