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.