Understanding Arizona adoption law can help you make empowered, confident choices.

Whether you're exploring adoption for your baby, hoping to grow your family or searching for answers about your adoption story, knowing your rights and responsibilities is the first step.

Below, we’ll answer common adoption questions according to Arizona law. When you're ready, you can contact our adoption specialists for personalized help.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. You have the legal right to choose adoption in Arizona. Once you provide written consent, the court will formally terminate your parental rights and grant them to the adoptive family.

Relevant Law: A.R.S. § 8-106

When can I give my baby up for adoption?

You can legally consent to adoption no sooner than 72 hours after your baby is born. This adoption waiting period in Arizona is designed to give you time to recover from childbirth and fully consider your decision.

Relevant Law: A.R.S. § 8-107

Can I get my baby back after adoption?

No. Once your consent is signed and approved by the court, it becomes final and irrevocable. The only exceptions are if the consent was obtained through fraud, duress or coercion.

Relevant Law: A.R.S. § 8-107

Can you do adoption without the father's consent?

Sometimes, yes. The father's consent is required if he has legally established paternity, filed with the putative father registry or taken legal steps to protect his parental rights. If he has not done these things, cannot be found or has abandoned you and the baby, the court may waive his consent.

Relevant Laws: A.R.S. § 8-106, § 8-533

Do both birth parents have to sign adoption papers in Arizona?

Yes. Both the birth mother and legal father must typically consent to the adoption. However, if one parent’s rights have been legally terminated by a court due to abandonment, neglect or unfitness, then only one signature may be required.

Relevant Law: A.R.S. § 8-106

Can I get paid for adoption?

No. It is illegal to receive payment for placing your baby for adoption. However, adoptive families are legally allowed to cover certain pregnancy-related expenses, such as medical bills, legal fees, counseling and living costs.

Relevant Law: A.R.S. § 8-114

Can you choose who adopts your baby?

Yes. You have the right to choose the adoptive family for your baby. Our agency can provide you with a wide selection of waiting family profiles.

Relevant Law: A.R.S. § 8-103

Can people from a different state adopt my baby?

Yes. Families from other states can adopt in Arizona through the Interstate Compact on the Placement of Children (ICPC). The ICPC ensures that the adoption meets the legal requirements of both states involved.

Relevant Law: A.R.S. § 8-548

Can I give my baby up for adoption without any agency?

Yes. Independent adoption is legal in Arizona as long as all requirements are met.

Relevant Law: A.R.S. § 8-106

Can my spouse adopt my child?

Yes. Arizona law allows for stepparent adoption if the other biological parent consents or if their rights are terminated by the court. This allows your spouse to become your child’s legal parent.

Relevant Law: A.R.S. § 8-112

Can my family adopt my baby?

Yes. Kinship adoption is legal in Arizona. Although the legal process may be simpler in some ways, the same consents and court approvals are required to ensure the child’s safety and well-being.

Relevant Law: A.R.S. § 8-112

Can you anonymously put a baby up for adoption?

Mostly, yes. Your identity must be provided to the court and any legal professionals involved, but that information does not need to be shared with the adoptive family. A semi-open or closed adoption can protect your privacy while still following the law.

Relevant Law: A.R.S. § 8-106

Can I have contact with my child after the adoption?

Yes. Arizona law allows for post-adoption contact agreements as long as the court finds it is in the child’s best interest. You can choose how much contact you want to have with your baby and their adoptive family.

Relevant Law: A.R.S. § 8-116.01

How does tribal adoption work for Native American children?

If your child is eligible for tribal enrollment, the Indian Child Welfare Act (ICWA) applies. This federal law ensures that the child’s tribe is notified and may participate in placement decisions. Preference is given to placing the child with Native American families when possible.

Relevant Law: A.R.S. § 8-815

Can I drop my baby off at a fire station?

Yes. Under Arizona’s Safe Haven Law, you may anonymously leave a baby who is less than 30 days old with staff at a fire station, hospital or with a licensed EMT. You will not face legal consequences for safely surrendering the child.

Relevant Law: A.R.S. § 13-3623.01

What rights do biological parents have after adoption?

Once the adoption is finalized, biological parents have no legal rights or responsibilities for the child.

However, if there's a post-adoption contact agreement in place, you may continue to be part of your child's life.

Relevant Law: A.R.S. § 8-117

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Arizona?

No. Arizona law allows any adult resident to adopt. You may be single, married or legally separated. If you are married, you must usually file jointly with your spouse. 

Relevant Law: A.R.S. § 8-103

How old do you have to be to adopt a baby?

There is no specific minimum age listed in Arizona adoption law, but you must be a legal adult (at least 18 years old).

Relevant Law: A.R.S. § 8-103

Do you need a home study for a private adoption in Arizona?

Yes. A home study is typically required to evaluate your home environment, background and readiness to adopt.

Relevant Law: A.R.S. § 8-105

Do you need a home study for an independent adoption?

Yes. Even if you are pursuing an adoption without an agency, you must complete a home study.

Relevant Law: A.R.S. § 8-105

Can you adopt without an agency?

Yes. Arizona allows independent adoptions where you work directly with the expectant parents and attorneys. However, you must still complete all legal requirements.

Relevant Law: A.R.S. § 8-106

What are the steps to adopt?

1. Complete a certified home study with a licensed provider.

2. Obtain the necessary consents from birth parents and file the adoption petition in court.

3. Attend the adoption hearing and receive a final decree of adoption from the judge.

Relevant Laws: A.R.S. § 8-105, § 8-107, § 8-116

Can you adopt a child from another state?

Yes. Through the ICPC process, both Arizona and the child’s state must approve the placement. This ensures legal compliance and protects all parties involved in the adoption.

Relevant Law: A.R.S. § 8-548

Can we advertise for a birth mother?

Yes. Arizona law permits prospective adoptive parents to advertise, but only if you have completed and been approved through a home study. Licensed agencies can also advertise and help you connect with expectant mothers.

Relevant Law: A.R.S. § 8-105

Can a birth father stop an adoption?

Yes. The birth father can stop an adoption if he has legally established paternity and remained involved during the pregnancy. If not, the court may terminate his parental rights due to abandonment or lack of support.

Relevant Laws: A.R.S. § 8-106, § 8-533

What if the birth parents don't sign adoption papers?

The court cannot finalize an adoption without proper consent from the birth parents unless their rights have been terminated for legal reasons such as neglect, unfitness or abandonment. Legal proceedings must be followed to terminate rights if consent is not voluntarily given.

Relevant Laws: A.R.S. § 8-106, § 8-533

When is an adoption finalized in Arizona?

Adoptions are finalized after the required post-placement supervision period and a court hearing. The judge will issue a final decree of adoption once all requirements are met.

Relevant Law: A.R.S. § 8-116

Can birth mothers change their mind?

No. Once a birth mother signs consent, it becomes legally binding unless it was obtained through fraud, duress or coercion.

Relevant Law: A.R.S. § 8-107

Are adoptive parents on the birth certificate in Arizona?

Yes. After the adoption is finalized, a new birth certificate is issued with the adoptive parents’ names and the child’s new legal name. The original certificate is sealed and kept confidential by the state.

Relevant Law: A.R.S. § 36-336

What rights do adoptive parents have after adoption?

Adoptive parents have full legal rights and responsibilities. This includes custody, decision-making authority, financial responsibility and inheritance rights.

Relevant Law: A.R.S. § 8-117

Are open adoptions legally binding in Arizona?

Yes. Post-adoption contact agreements are enforceable if they are approved by the court and considered to be in the child's best interests. These agreements outline contact arrangements with the baby's birth parents.

Relevant Law: A.R.S. § 8-116.01

Does ICWA apply to private adoptions in Arizona?

Yes. ICWA applies to all adoptions involving children who are eligible for tribal membership. The tribe must be notified, and preference is given to placing the child with Native American relatives or tribal families unless the court finds good cause to do otherwise.

Relevant Law: A.R.S. § 8-815

What support is available after adoption?

Support options after adoption may include counseling, access to the child’s medical and background records and state-level adoption assistance for children with special needs. Your adoption agency may also provide ongoing resources to help your family adjust, such as open adoption support.

More information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If you were adopted and want to learn more about your background, you can request non-identifying information from the agency that completed your adoption. Arizona law allows adult adoptees to petition the court for access to sealed records, though full disclosure may be limited.

If your adoption was completed through our agency, we can assist with post-adoption support and potential reunification services.

For more information about adoptee rights, check out this page.

What’s Next?

Your adoption journey should be seamless. Why not work with a licensed team that understands your state’s laws and puts you first?

Let us help you take the next step confidently and legally. Connect with an adoption specialist today to get personalized guidance.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.