Legal Question in Family Law in Arizona

In order for you to adopt him, two things need to happen: 1) you need to get married to his mother first, and 2) his mother needs to terminate the biological father's parental rights. This can be done either by consent (the bio father signs a document consenting for you to adopt) or by filing an action for abandonment with the court (the court is asked to find that the bio father has legally abandoned the child and that it is in the child's best interests for the bio father's rights to be terminated). The termination action requires that notice be provided to the bio father; in other words, it cannot be done behind his back. It is generally preferable to have the bio father's consent, since the termination action can be quite lengthy and expensive; however if the bio father cannot be located or if he refuses to consent, there may be grounds for his rights to be terminated over his objection.

Although it is not the typical process, your fiancee may be able to terminate the bio father's rights prior to your marriage, meaning that she is not relying on the "my husband wants to adopt" argument, but simply on the "bio father has never been in the picture" argument. If you are wanting to "keep your name out of it," that may be an option.

We offer a free initial consultation - please contact our office (480.792.9770) and schedule a time to meet with Attorney Kristy Blackwell regarding the details of your situation.