Adoption
questions & answers
Question: What is the first step I would take to have my husband adopt my first child? What if the father is unknown and not on the birth certificate?
Answer:
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Having said that, here is some information:
1. Yes, your husband is legally eligible to adopt your first child, if that child is still under 18 years of age. A.R.S. § 8-102 & A.R.S. § 8-103.
2. You MUST file an affidavit with the court that identifies all potential fathers. A.R.S. § 8-106(F). Don't play games with this requirement, or you could get into real hot water down the road. For example, "unknown father" means you truly have no idea who it could be. The affidavit is a sworn statement, which means if you deliberately omit relevant names or information, you could be guilty of a felony offense. A.R.S. § 8-128.
3. You must consent to the adoption, of course, and you must give notice of the pending adoption to each potential father as well, so he can decide whether to contest the procedure. A.R.S. § 8-106(A) and A.R.S. § 8-106(G).
4. If the child is over 12 years old s/he must give consent in open court, too.
Again, since this is complicated, you may want to consult with an attorney familiar with adoptions, so you can get step-by-step advice and proper forms to fill out.
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What is the first step I would take to have my husband adopt my first child? What if the father is unknown and not on the birth certificate?
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