Child Custody

questions & answers

Question: My husband wants to adopt my daughter, which is his stepdaughter. Her father has been out of her life for 7 years and makes no contact. Would he have to give up parental right or can he adopt her without us having to contact him?

Answer: Your child’s biological father will still have to surrender his parental rights. The Arizona statutes that explain the process for securing consent for an adoption petition can be found at A.R.S. §§ 8-106, (http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/8/00106.htm) 8-107 http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/8/00107.htm) and 8-109 http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/8/00109.htm) and explain the consent requirement in detail, as well as what must go into your adoption petition. As you will see from those rules, one must generally secure the consent of the biological parents for an adoption – even if the “absent” father has not been heard from for seven years (unless, for example, his parental rights were previously terminated by court order). To read all of the adoption statutes, see the Arizona Revised Statutes, Title 8, Chapter 1. (http://www.azleg.gov/arsDetail/?title=8).