Prehearing Requirements

There are things people must do after filing for adoption, but before the final hearing.

Health and Genetic History of Biological Family

The biological parent(s) must compile information about family health and genetic history that are not identifying.  Children adopted through a licensed adoption agency get this information, if available, directly from the agency.  If you are not adopting through an agency, the attorney is responsible for providing this information to the adoptive parents.

Filing

If parental rights have not already been terminated, any consents should be filed with the petition to adopt.

Process After the Petition has been Filed

  1. The Superior Court sets a place and time for the hearing
  2. Service of the hearing notice is given to:
    1. The petitioner
    2. The agency (if applicable)
    3. Person conducting the social study
    4. Person or agency required to give consent (unless it has already been filed)
    5. Any person who has initiated a paternity action
  3. Compose a verified accounting statement

Accounting Report

If the child was placed by an adoption agency or person you are required to file a verified accounting with the court.  It must include all payments, disbursements, or commitments of value made or paid in regards to the adoption.  It must be filed before the hearing at least:

  • DCS Placement - 10 days
  • Adoption Agency - 30 days
  • Person - 60 days

The juvenile court commissioner or judge reviews all cases for necessity of expenses and reasonableness.  If they believe that the report is incomplete or deceptive they may order a new report.  If certain amounts are deemed excessive or unauthorized they may have to be repaid.

Waiting

The final hearing can be scheduled up to 6 months after filing the petition.  Once a child is placed with the adoptive parents, they cannot be removed from the home without a court order.  During this waiting period, the adoptive parents have the rights to:

  • Physical custody of the child
  • Medical consent
  • Support and care for the child
  • Decisions over social and athletic participation

Resources

State Statute - A.R.S. § 25-801

State Statute - A.R.S. § 8-111

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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