What is adoption?
A legal process that creates the relationship of parent and child between individuals who are not biological parent and child. The adoptive parent(s) have the same obligations of support and discipline for their adopted child as they would have for their own natural child. Visitation between the child and his or her parents is totally at the discretion of the adoptive parent(s).
What needs to be done about the parent's rights before a child can be adopted?
A child must be legally free before he or she can be adopted. A child is legally free if:
- both parents sign consents to adopt, or
- a parent's parental rights have been legally terminated, or
- a parent is deceased.
- A father who has never been married to the mother and who has not established paternity can be served with a notice requiring him to file a paternity complaint with the court within 30 days. If he fails to do that he has no rights and the adoption can proceed without his consent and without having to terminate his rights.
What if a parent cannot be located?
If a parent cannot be located despite diligent efforts to do so, he or she can be served with a petition to terminate parental rights by publication in a newspaper. A father who has never been married to the mother can also be served with a notice to file a paternity action by publication.
What legal requirements must I meet before I can file to adopt?
Adoptive parents who are not the adult siblings, uncles, aunts, or grandparents to the whole or half blood or by marriage must be certified by the court as acceptable to adopt before a petition to adopt may be filed. The above relatives listed must only be fingerprinted and have a social study performed, The Pima County Juvenile Court Adoptions Office will do the social studies for the above listed relatives and the certification investigations for income qualifying families. The costs for these services is as follows:
Social Studies
$35,000 and up annual income....$400.00
$20,000 to $34,999 annual income....$100.00
$0 to $19,999............$0.00
Certification investigations
$35,000 up to $50,000.00......$650.00
$20,000 to $34,999 annual income..$300.00
$0 to $19,999............$0.00
Adoptive parents with annual income exceeding $50,000 must be certified by licensed adoption agency.
Do I need an attorney to assist me with an adoption?
Yes, however if the adoption is not contested, the Pima County Attorney will prepare the necessary paperwork for the adoption and go to court with you at no cost.
Can I get an adoption subsidy?
There is state and federal money available to ensure that children with special needs can be adopted, however subsidy is only available if adoption is through a public or private adoption agency.
