The Question:
My child’s mother wants no contact with our unborn baby. What papers do I need to get her agreement to allow an adoption?
RJ Says:
If the biological mother wants no involvement with the child and agrees to an adoption, she will need to sign either a Consent to Adoption or a Consent to Termination of Parental Rights. In Arizona, there are specific legal requirements to ensure that this consent is valid, enforceable, and informed.
Here’s what the law requires for a valid Consent to Adoption:
It must be in writing.
It must be either witnessed by two credible individuals or signed before a notary public.
It cannot be signed until at least 72 hours after the child is born.
The document must be dated and include:
The name and address of the consenting parent
The names and addresses of the witnesses or notary
Clear identification of the child involved
In some cases, if the adoptive parents are not yet identified or do not want to be disclosed, the consent may use fictitious names, as long as:
The adopting person or persons are certified as acceptable to adopt.
The consenting parent acknowledges that the names are fictitious.
The consenting parent has received all the information they wish to know about the adopting parties.
In addition to the formalities above, the consent document must also contain certain legal acknowledgments:
An understanding of the consequences of the consent under A.R.S. § 8-117
That the consent is irrevocable under A.R.S. § 8-106, unless obtained by fraud, duress, or undue influence
That no compensation—direct or indirect—has been provided for the consent, except as allowed under A.R.S. § 8-114
There are additional procedural and legal safeguards that must be followed to ensure the adoption can proceed without delay or future dispute. Every case is unique, and working with a knowledgeable attorney can help you ensure everything is done correctly from the start.
Our office offers free half-hour consultations where we can discuss your situation in detail and help you take the right steps. Call (602) 256-7575 to schedule your consultation today.