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Rule 413. Consent to Adopt

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part IV. Adoptions
2. Adoption Proceedings
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 413
Formerly cited as AZ ST JUV CT Rule 81
Rule 413. Consent to Adopt
(a) Generally. Individuals must give consent as required by A.R.S. § 8-106. Consent must meet the requirements of A.R.S. § 8-107.
(b) Consent in Open Court for an Out-of-State Adoption. This section governs procedures relating to the signing of consents by a birth parent as part of an out-of-state adoption where the consents are required to be given in open court.
(1) Any person required to sign a consent to adopt before the court must move the court to set a hearing for the purpose of taking the consent. The court must promptly set a hearing and notify the person seeking to give consent of the location, date, and time of the hearing.
(2) The person required to give consent, or the prospective adoptive parent, must make arrangements for the presence of a certified reporter at the hearing if one is required to effectuate an out-of-state adoption. The person required to give consent also must provide the court with copies of the consents for signature, if required, and must include an additional copy for the court. All copies of the signature establishing consent must be accompanied by self-addressed, stamped envelopes if the person consenting will request that the court mail the consents to the state where the adoption will occur.
(3) At the hearing, the person seeking to give consent must provide the court with proof of identification. The identification must include a photograph of the person so that the court can verify the identity of the person before taking a consent to adopt.
(c) Consent to Adopt an Indian Child. If there is reason to know that the child is an Indian child, in addition to requirements as provided by law, the consent to adopt must contain the following information:
(1) the name and birth date of the Indian child;
(2) the name of the Indian child's tribe;
(3) the identifying number or other indication of the Indian child's membership in the tribe;
(4) the name and address of the consenting parent or Indian custodian; and
(5) the name and address of the person, division, or agency through whom any preadoptive or adoptive placement has been or is to be made.
(d) Findings and Orders. At the conclusion of the hearing the court must state, in a signed minute entry or order, that consents were signed by the person appearing before the court. If there is reason to know that the child is an Indian child, the consents must be accompanied by the presiding judge's certificate that the terms and consequences were fully explained in detail in English or interpreted in a language the parent could understand, and were understood by the parent. See ICWA § 1913 and 25 C.F.R. §§ 23.124 through 23.126. The signed consents must be returned to the person consenting to the adoption.
(e) Invalid Consent. A consent given fewer than 72 hours after the birth of the child is invalid. In the case of an Indian child, any consent given prior to or within 10 days after the birth of an Indian child is invalid.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 413, AZ ST JUV CT Rule 413
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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