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A.R.S. § 8-106
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Arizona Revised Statutes Annotated Currentness
Title 8. Children
Chapter 1. Adoption
Article 1. General Provisions
§
8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers
A.
The court shall not grant an adoption of a child unless consent to
adopt has been obtained and filed with the court from the following:
(a) The father was married to the
child's mother at the time of conception or at
any time between conception and the child's birth unless his paternity
is excluded or another man's paternity is established pursuant to title
25, chapter 6, article 1.
4. Any guardian of the person of the
child who is appointed by a court and who is given authority by it to consent to the child's adoption.
5.
An agency that has been given consent to place the child for adoption
by the parent or parents whose consent would be necessary under
paragraph 1 or 2 of this subsection, or that has been given authority in
other legal proceedings to place the child for adoption.
7.
The division if it has been given
consent to place the child for adoption by the parent or parents whose
consent would otherwise be necessary pursuant to paragraph 1 or 2 of
this subsection or if it has been given authority in other legal
proceedings to place the child for adoption. The court
may waive the requirement for consent if the court determines, after a
hearing on actual notice to all persons who may be adversely affected,
that waiving the requirement is clearly in the child's best interest.
3. A parent who has previously consented
to an agency's or the division's placement of the child for adoption.
C.
The minority of the child or parent does not affect the child's or
parent's competency to give consent in the instances set forth in this
section.
E. An agency, the division or an attorney participating or assisting in a
direct placement adoption pursuant to § 8-130 shall obtain from a birth
parent, at the time consent for adoption is obtained, a notarized
statement granting permission or withholding permission
for the child being adopted, when the child reaches eighteen years of
age, to obtain identifying and nonidentifying information about the
child and the consenting birth parent. The agency, division or attorney
shall inform the birth parent at the time of obtaining
the notarized statement that the decision to grant permission or
withhold permission may be changed at any time by filing a notarized
statement with the court. The most recent notarized statement shall
operate as consent for the court to grant or withhold
identifying and nonidentifying information.
F.
A notarized affidavit signed by the mother listing all potential
fathers shall be filed with the court. The affidavit shall attest that
all of the information contained in the affidavit is complete and
accurate.
G.
Notice shall be served on each potential father as provided for the
service of process in civil actions. The notice shall be substantially
in the form prescribed in subsection I of this section and shall inform
the potential father of all of the following:
3.
The potential father's responsibility
to initiate paternity proceedings under title 25, chapter 6, article 1,
and to serve the mother within thirty days of completion of service.
6. The potential father's responsibility
to begin to provide financial support for the child if paternity is established.
7.
That the potential father's failure
to file a paternity action pursuant to title 25, chapter 6, article 1,
and to serve the mother and proceed to judgment in the paternity action
as prescribed by this section, bars the potential father from bringing
or maintaining any action to assert any interest
in the child.
H.
A mother may apply to the court for permission to omit her address from
the affidavit and from the notice to potential fathers. The court shall
grant this request if the mother shows to the court's satisfaction this
is necessary to protect her safety.
I.
The notice required pursuant to subsection G of this section shall be in substantially the following form:
Notice:
Notice
is given to _______________ that you have been identified by
________________________, the natural mother, residing at
_____________________, as a potential father
of a child to be born or, born on _____________, in ___________.
You are informed of the following:
2. Under §§ 8-106 and 8-107, Arizona
Revised Statutes, you have the right to consent or withhold consent to the adoption.
4. If you withhold consent to the
adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and
serve the mother within thirty days
after completion of service of this notice.
7. If you are established as the child's
father, you must begin to provide financial support for the child.
8.
If you do not file a paternity
action under title 25, chapter 6, article 1, Arizona Revised Statutes,
and do not serve the mother within thirty days after completion of the
service of this notice and pursue the action to judgment, you cannot
bring or maintain any action to assert any interest
in the child.
9. The
Indian child welfare act may supersede the Arizona Revised Statutes regarding
adoption and paternity.
J.
A potential father who fails to file a paternity action and who does
not comply with all applicable service requirements within thirty days
after completion of service as prescribed in subsection G of this
section waives his right to be notified of any judicial
hearing regarding the child's adoption or the termination of parental
rights and his consent to the adoption or termination is not required.
Added
by Laws 1970, Ch. 205, § 2. Amended by
Laws 1972, Ch. 114, § 2; Laws 1976, Ch. 172, § 1; Laws 1983, Ch. 225, §
1; Laws 1988, Ch. 297, § 2; Laws 1992, Ch. 317, § 1; Laws 1994, Ch.
116, § 1; Laws 1995, Ch. 221, § 1; Laws 1996, Ch. 170, § 1; Laws 1996,
Ch. 192, § 15; Laws 1996, Ch. 300, § 2; Laws
1999, Ch. 347, § 4; Laws 2000, Ch. 155, § 3; Laws 2002, Ch. 173, § 1;
Laws 2003, Ch. 181, § 1; Laws 2004, Ch. 117, § 1; Laws 2006, Ch. 58, §
1; Laws
2009, Ch. 109, § 1.
Section 25-801 et seq.
Source:
Civ.Code 1913, §§ 1189, 1190.
Rev.Code 1928, §§ 119, 120.
Code 1939, § 27-203.
Code 1939, Supp. 1952, § 27-203.
Laws 1952, Ch. 96, § 3.
A.R.S. former §§ 8-103, 8-104.
The
1972 amendment inserted the words "Notwithstanding the provisions of §
8- 533" and "on actual notice to all persons adversely affected" in
subsec. C.
The
1976 amendment deleted at the beginning of subsec. C "Notwithstanding
the provisions of § 8-533", and deleted the requirement for the
following consent:
"Consent
is not necessary from a father who was not married to the mother of the
child both at the time of its conception and the time of its birth,
unless the father under
oath has acknowledged parentage in a document filed with the court or
with the agency or division at or prior to the time the petition is
filed, or unless the parentage of the father has been previously
established by judicial proceedings."
The 1983 amendment added subsec. E.
The 1988 amendment, in subsec. A, inserted "of a child or a foreign born person twenty-one years of age or less".
The 1992 amendment substituted "birth"
for "natural" preceding "parents" in par. 1, subsec. A; and added subsec. F.
The 1994 amendment rewrote this section which, prior thereto, provided:
"A.
No adoption of a child or a foreign born person twenty-one years of age
or less shall be granted unless consent to adopt has been obtained and
filed with the court from the following:
"1. From both birth parents, if living, except in the following cases:
"(a) Consent is not necessary from a parent who has been declared incompetent.
"(b) Consent is not necessary from a parent whose parental rights have been judicially terminated.
"(c)
Consent is not necessary from a parent who has previously consented
that an agency or the division place the child for adoption.
"2. From any guardian of the person of the child appointed by a court and given
authority by it to consent to the
child's adoption.
"3.
From an agency or the division which has been given consent to place
the child for adoption by the parent or parents whose consent would be
necessary under paragraph
1 of this subsection, or which has been given authority in other legal
proceedings to place the child for adoption.
"B.
If the child is twelve years of age or older, the adoption shall not be
granted without his consent. Such consent shall be given in open court
or shall be in conformity with this section or in such other form as the
court may direct.
"C.
The court may waive the requirement of the consent of any person
required to give consent when after a hearing on actual notice to all
persons adversely affected the court determines that the interests of
the child will be promoted thereby. In such case, the
court shall make written findings of all facts upon which its order is
founded.
"D.
The minority of the child or parent shall not affect his competency to give consent in the instances set forth in this section.
"F.
Beginning January 1, 1993, an agency, the division or an attorney
participating or assisting in a direct placement adoption pursuant to §
8-130 shall obtain from a birth parent giving consent at the time
consent for adoption is obtained a notarized statement
granting or withholding consent for the child adopted to review the
adoption records upon reaching twenty-one years of age. The agency,
division or attorney shall inform the birth parent at the time of
obtaining the notarized statement that the decision to
grant or withhold consent may be changed at any time by filing a
notarized statement with the court and the agency, division or attorney
who obtained the original notarized statement."
The
1995 amendment by Ch. 221, substituted "at any time between conception
and the child's birth" for "any time before the child's birth" in
subsec. A, par. 2(a); substituted
"title 12, chapter 7, article 3" for "§ 12-852" in two places; rewrote
subsec. F; substituted "Notice shall be served" for "The mother shall
serve notice" in subsec. G; and inserted subsec. G, par. 6. Subsec. F
had read:
"F.
At the time of or before giving consent to adopt, a mother shall file a
notarized affidavit with the court that lists all potential fathers.
The mother shall sign the affidavit and attest that all of the
information contained in the affidavit is complete and
accurate."
The
1996 amendment by Ch. 170, in subsec. A, par. 2 (c), added the
reference to § 36-322, and made a nonsubstantive change; and substituted
"the child's or parent's competency"
for "his competency" in subsec. C.
The
1996 amendment by Ch. 192 substituted references to title 25, chapter
6, art. 1 for references to title 12, chapter 7, article 3 throughout.
The 1996 amendment by Ch. 300 rewrote subsec. E, which had read:
"E. An agency, the division or an attorney participating or assisting in a
direct placement adoption pursuant to § 8-130 shall obtain from a birth
parent giving consent at the time consent for adoption is obtained a
notarized statement granting or withholding
consent for the child adopted to review the adoption records upon
reaching twenty-one years of age. The agency, division or attorney shall
inform the birth parent at the time of obtaining the notarized
statement that the decision to grant or withhold consent
may be changed at any time by filing
a notarized statement with the court and the agency, division or attorney who obtained the original notarized statement."
The
1999 amendment by Ch. 347, in subsec. A, substituted "The court shall
not grant an adoption of a child" for "No adoption of a child shall be
granted" in the introductory
paragraph, added "unless another man's paternity is established
pursuant to title 25, chapter 6, article 1" in par. 2, subd. (a); in
subsec. E, substituted "permission for the child being adopted to" for
"consent for the child adopted to" in the introductory
paragraph, substituted "permission" for "consent" in par. 1, and
deleted "Grant or withhold consent to" at the beginning of par. 2.
The 2000 amendment by Ch. 155 inserted, in subsec. A, par. 2, item (a), "his paternity is excluded" following "unless".
The
2002 amendment by Ch. 173, in subsec. A, in par. 4, inserted "who is",
in par. 5, substituted "that" for "which"; in subsec. C, substituted
"does" for "shall"; in subsec.
G, in the introductory par., inserted "shall be substantially in the
form prescribed in subsection I of this section and", in par. 1,
substituted "That" for "The", inserted a new par. 4 and renumbered
subsequent paragraphs accordingly, in par. 7, added "That",
and substituted "and
to serve the
mother and proceed to judgment in the paternity action as" for "within
thirty days of completion of the service of the notice"; and inserted
subsec. I.
The 2003 amendment by Ch. 181, rewrote subsec. E, which had read:
"E.
An agency, the division or an attorney participating or assisting in a
direct placement adoption pursuant to § 8-130 shall obtain from a birth
parent giving consent at the time consent for adoption is obtained a
notarized statement granting or withholding
permission for the child being adopted to:
"1.
Obtain identifying information about the child and the consenting birth
parent on reaching twenty-one years of age. The agency, division or
attorney shall inform the
birth parent at the time of obtaining the notarized statement that the
decision to grant or withhold permission may be changed at any time by
filing a notarized statement with the court and the agency, division or
attorney that obtained the original notarized
statement.
"2. Be informed of the death of the child adopted and the date and the cause of death."
The
2004 amendment by Ch. 117 substituted
the reference to "§ 36-334" for the reference to "§ 36-322" in subsec.
A, par. 2(c); and inserted "Arizona Revised Statutes" in subsec. I, par.
8.
The 2006 amendment by Ch. 58 added subsec. J.
The
2009 amendment by Ch. 109 removed "or the division" following "An
agency" in subsec. A, par. 5; and inserted subsec. A, par. 7.
Former
§ 8-106, enacted as part of the revision effective January 9, 1956,
relating to investigation of the circumstances of the adoption, was
repealed by Laws 1970, Ch.
205, § 1. See, now, § 8-105.
Reviser's Notes:
1994 Note. Pursuant to authority of § 41-1304.02, in subsection A, paragraph 2,
subdivision (a) after "before" the second "the" was deleted as a correction of a manifest clerical error.
1996 Note. Prior to the 1999 amendment, this section contained the amendments
made by Laws 1996, Ch. 170, sec. 1, Ch. 192, sec. 15 and Ch. 300, sec. 2 that
were blended together pursuant to authority
of § 41-1304.03.
2002 Note. Pursuant to authority of § 41-1304.02, in the section heading "who
shall consent;" was removed after "adoption;".
A. R. S. § 8-106, AZ ST § 8-106
the Forty-Ninth Legislature
(2010).
.