A direct placement adoption is when the adopting family locates a birthmother or birthfather to adopt a child from without an adoption agency. This is allowed in Arizona but in some states you must go through a licensed adoption agency. This situation usually arises when the family knows the birth mother and they have a prior relationship. The birth mother is aware that the family wants to adopt and she has reached out to them to see if they would like to adopt her unborn child. This can be a wonderful solution for everyone involved.
The adoptive parents are allowed to be at the hospital and to take the child home with them under a power of attorney signed by the birth mother. Usually, the adopting family will retain counsel for the birth mother so that she is aware of her rights and is informed about all legal documents. This protects all of the parties, especially when there is not an adoption agency and it ensures the court that the process has been done correctly.
Parental Consent to Adoption: Consents must be signed by both the birthparents, unless the birthparent is deceased. A birthparent may not sign consents until seventy-two hours after the birth of the child, otherwise it will be invalid. The birthmother must also sign an affidavit attesting to the identity of the birthfather, even if the birthfather signs consent to the adoption. See A.R.S §8-106 You will need a court reporter to record the signing of the consents.
Who can adopt in Arizona:
The adopting parent(s) must be over the age of eighteen, residents of Arizona, and must be certified to adopt unless, the adopting parent(s) are an step-parent, aunt, uncle, or grandparent of the child.
What if we aren’t done with or haven’t even started the certification process can the birth mother still place the baby with us?
Yes, certification must be complete prior to the adoption being finalized. But, the child may be placed with the adopting family provided the family is in the process of being certified and they file an Order for Temporary Custody with the Court. The court will hold a temporary custody hearing and that order will allow you to care for the child until the adoption is finalized.
Publication: It may be necessary to terminate the parental rights of the birthfather if he is not cooperative in placing the child for adoption or his whereabouts or identity is unknown.
By filling out this form and clicking submit I hereby agree that I am not a client of Kile & Kupiszewski Law Firm for this submitted matter until I or involved parties sign a written agreement with the Firm. You understand that the information that you send via this link will be used to check for conflicts and may not be kept confidential.