Adoption/Termination of Parental Rights
Adoption and Termination of the
biological Parent’s Rights to the child are necessarily interlinked.
Generally, if it is anticipated that the biological parent will
contest the Adoption, then Termination must be sought before adoption
is possible. If you are seeking an “Uncontested Adoption” the Adoption
is possible pursuant to Arizona Revised Statute §8-106 (providing
proper notice is given). The difference between the two scenarios is
critical, and you should hire a knowledgeable attorney before
undertaking either of these procedures.
As a general note, adopting parents may
be required to complete a pre-placement “Home Study” in preparation
for the adoption process. The rules differ for Step-Parent Adoptions
and you should consult DROBAN & COMPANY, PC for guidance regarding
your particular situation. The Home Study will involve a social worker
who will interview the prospective parents and conduct a background
investigation. In addition to criminal history, financial history and
the familial history, the social worker will also want to conduct a
medical examination. Lastly, the social worker will want to tour the
prospective parents’ home in order to make sure they can adequately
provide for the potential adoptive child.