questions & answers

Question: want to find out information on adoption,for a child that is not biologically is not mine. his mother and i were involved after she became pregent. he is now 10 and i have been there helping raise him since he was born. his biological father has not seen him in 9 years, and owes 16,000 dollars in child support.His mother and i are not togther anymore but i he spends every other weekend with me and holidays with me and i would like to adopit him

Answer:

Based on the facts described, it is assumed that the natural father has established paternity due to his obligation to pay child support.  Therefore, if you wish to adopt the child and you are able to get written and informed consent to adopt by both natural mother and natural father, you may file an action with the appropriate/local juvenile court for "Petition for Adoption with Consent."  You may want to retain an attorney for this process.  When you are dealing with adoption matters, it is worth the expense to make sure you get the process done correctly.  With that in mind, the following may help give you additional information and a general overview of the process.

You should carefully read the following Arizona Revised Statutes regarding adoptions (beginning at  ARS § 8-101); 

Particularly, (carefully) read:  ARS § 8-106, Consent to adoption; waiver; consent to the release of information; notification to potential fathers.

If you are able to secure informed, written consent from both parties,  you will also need to undergo a background/ social history study by a licensed private adoption agency.  The performance of this study is required by statute.  A list of licensed private adoption agencies in Arizona (who can perform such a study)  can be found at: http://www.childwelfare.com/Arizona_adoptions.htm.

Typically, the initial paperwork for a "Consent Adoption" consists of:

1. a Juvenile Court Cover Sheet
2. Petition for Adoption by Consent - ARS § 8-109 sets forth the information/provisions that are required in a Petition for Adoption.  
3. Consent to Adoption by Natural Mother; (Note: there is specific language required to be present in a consent.  The consent usually needs to be notarized and witnessed by two disinterested parties). See, ARS § 8-107 regarding requirements. 
4. Consent to Adoption by Natural Father; (Same requirements as Consent by Mother).
5. Request for Hearing; (Note - the time frame for setting a hearing is set by statute.  Under most circumstances the "final adoption hearing" will take place approximately 1 year after the petition has been filed.  The final adoption hearing will not go forward unless the social study has been performed and received by the court).

(You should check with your local court regarding its procedures/requirements).