Making the decision to adopt a stepchild is beneficial from both the parent’s and child’s perspectives. In addition to the emotional bonding benefit the two share, adoption can improve decision making, provide emotional reassurance, and create a life-long relationship built on stability and security for one another.
The family law offices of Antol & Sherman offer assistance with adoption in Arizona and want to share how the process works. Specifically, the following information addresses families looking to adopt a stepchild and details how the process works, what the legal requirements are, and how our law firm can assist.
How the Stepchild Adoption Process in Arizona Works
In Arizona, adoption is required in order for a stepparent to become the legal parent of a child. By doing so, parental rights and responsibilities are established, including decision-making authority and inheritance rights. While also creating legal stability for the child and stepparent.
Typically, adopting a stepchild can be less complex than other forms of adoption in Arizona. This is due to one biological parent remaining in the child’s life.
In Arizona, stepchild adoption often requires the non-custodial parent to terminate their legal rights as they relate to the child. When this is the case, the process can be either voluntary, assuming the non-custodial parent consents, or involuntary if the courts deem the parent is unfit.
When the non-custodial parent’s rights are terminated, the stepparent can begin the adoption process by filing a petition with the court.
The next steps involve a background check and could include a home study or court hearing, in which a judge reviews the case. A home study is often waived in stepchild adoption cases.
Assuming the child is not at risk, the stepparent gains legal parent status of the child with the establishment of the adoption decree.
Arizona Legal Requirements for Adopting a Stepchild
There are a number of legal requirements in order for a stepparent to become the legal guardian of a stepchild.
1. Marriage Requirement
In order to adopt a stepchild, you must be legally married to the child’s custodial parent.
2. Termination of Parental Rights
As mentioned, one of the requirements for adopting a stepchild in Arizona requires the non-custodial parent’s legal rights to be terminated.
3. Consent of the Custodial Parent
The child’s custodial parent must issue a written consent statement to allow their spouse to adopt the child.
4. Child’s Consent
If 12 years of age or older, consent by the child is also required.
5. Background Check
The stepparent is required to conduct a criminal background test. Depending on the types of crimes, if any, the individual has been found guilty of in the past could prevent the adoption process from occurring.
6. Home Study
As mentioned, this may be waived for a stepchild adoption. But the court is well within its right to require a home study to assess the child’s living situation.
Arizona Stepchild Adoption FAQs
Below we answer some of the most frequently asked questions our clients ask about the stepchild adoption process in Arizona. If you don’t see your question answered, please reach out to our Arizona law firm directly.
1. Do I Need a Lawyer to Adopt a Child in Arizona?
While you are not legally required to have a lawyer in order to conduct an adoption in Arizona, it can help to have a legal expert available to help navigate the courts, filing petitions, and hearing representation. This includes assistance with many of the requirements needed to adopt a stepchild, such as terminating non-custodial parental rights.
2. How Much Does it Cost to Adopt a Stepchild in Arizona?
In Arizona, you can expect to pay between $300 and $1,500 to adopt a stepchild. This includes fees associated with court filings, background checks, and other administrative costs.
If you are required to have a home study done, this can add several hundred dollars to the total expense.
Attorney fees can range from around $1,500 to $3,500, depending on the case’s complexity. To get a better idea, ask for a consultation from a family law attorney near you.
3. In Arizona, How Long Does the Child Adoption Process Take?
A standard child adoption in Arizona can take anywhere from six months to a year. However, the stepchild adoption process is usually much more expedient–taking just three to six months in comparison.
The timeline depends on how long it takes to meet the legal requirements, whether a home study is required, and the court’s schedule.
4. Do I Need to Adopt My Stepchild?
You are not legally required to adopt your stepchild. However, it may be in both yours and your stepchild’s best interests to do so. Without adoption, your legal rights are limited in cases of medical and legal matters (should they arise).
5. Can a Felon Adopt a Stepchild in Arizona?
In Arizona, being a felon does not exclude an individual from adopting a stepchild. However, the type of crime and severity of the felony conviction can weigh heavily on the court’s decision to approve the petition.
Violent criminals and those with child abuse, sexual assault, or other serious offenses are likely to be disqualified from adopting in Arizona.
The court is tasked with doing what’s in the child’s best interest and reviews all criminal records to ensure their safety.
Get Experienced Legal Assistance with Your Stepchild Adoption
Antol & Sherman has decades of combined experience in regard to adoption cases. We understand the intricacies of the adoption process in Arizona, including navigating court processes, assisting with requirements, and other aspects of client representation.
Take a few minutes out of your day to speak with one of our Flagstaff law firm’s family lawyers. We offer free consultations and provide advice on how to proceed with your adoption petition as it relates to your family’s circumstances.
Click here to schedule your consultation.