A. Any adult resident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt children. A husband and wife may jointly adopt children.
B. An adult nonresident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt a child if all of the following apply:
1. The child is a dependent child and currently under the jurisdiction of the juvenile court in this state.
2. The child currently resides in the home of the applicant.
3. The department placed the child in the home of the applicant pursuant to section 8-548.
4. The department recommends the adoption of the child by the applicant.
5. The foster care review board has reviewed the child's case as required by section 8-515.03, except that the court may not delay the child's adoption if the foster care review board has not reviewed the child's case.
C. Pursuant to rules adopted by the department, the department or adoption agency shall place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child. Other relevant factors for consideration, in no order of preference, shall include:
1. The marital status and the length and stability of the marital relationship of the prospective adoptive parents.
2. Placement with the child's siblings pursuant to section 8-862.
3. Established relationships between the child and the prospective adoptive family as described in section 8-862, including placement with a grandparent or another member of the child's extended family, including a person or foster parent who has a significant relationship with the child.
4. The prospective adoptive family's ability to meet the child's safety, social, emotional, physical and mental health needs and the ability to financially provide for the child.
5. The wishes of the child who is twelve years of age or older.
6. The wishes of the child's birth parents unless the rights of the parent have been terminated or the court has established a case plan of severance and adoption.
7. The availability of relatives, the child's current or former foster parents or other significant persons to provide support to the prospective adoptive family and child.
D. If all relevant factors are equal and the choice is between a married man and woman certified to adopt and a single adult certified to adopt, placement preference shall be with a married man and woman.
E. In each adoption proceeding, the court shall make findings on the record regarding the best interests of the child pursuant to law.
Notes of Decisions
Marriage of Doty-Perez v. Doty-Perez, 388 P.3d 9 (Ariz. Ct. App. 2016).
· cites it 10× “To be sure, in light of Obergefell , A.R.S. § 8-103’s language that “[a] husband and wife may jointly adopt,” see supra 1111, must be interpreted to also mean that “a wife and wife” or “husband and husband” may jointly adopt.”
Anguis v. Superior Court, 429 P.2d 702 (Ariz. Ct. App. 1967).
· cites it 6× “A.R.S. § 8-103 states: “Consent to Adoption; * * * “A.”
Lorenz v. State, 364 P.3d 475 (Ariz. Ct. App. 2015).
· cites it 4× “That statute requires DCS to “place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child,” and it lists relevant factors to consider, such as “[established relationships between the child and the prospective…”
In Re Adoption of Krueger, 448 P.2d 82 (Ariz. 1968).
· cites it 5× “The mother and child have been nurtured and protected by both courts and legislatures. The father, on the other hand, has been subjected to stringent obligations with very few corresponding rights.”
Caruso v. Superior Court in & for Cnty. of Pima, 412 P.2d 463 (Ariz. 1966).
· cites it 2× “Petitioner is the natural father of the child and filed a certificate of parental acknowledgment as provided in A.R.S. § 8-103, subsec. A, par. 1(b). When The Catholic Social Service learned that petitioner wanted custody of the infant, it filed a petition with the Juvenile…”
Caruso v. Superior Court, 406 P.2d 852 (Ariz. Ct. App. 1965).
· cites it 10× “The petitioner herein, who contends that he is the natural father of this child, has acknowledged parentage *136 of the child by recording in the office of the state bureau of vital statistics a notarized certificate of parental acknowledgment, as contemplated by A.R.S. § 8-103.…”
In Re the Adoption of Holman, 295 P.2d 372 (Ariz. 1956).
· cites it 2× “§§ 8-103, 8-104], expressly provides that the consent of the parent is not necessary if the court shall determine after due hearing that the best interests of the child will be promoted by its adoption and that in all such cases the court shall make written findings of facts…”
In Re Anonymous, 422 P.2d 419 (Ariz. Ct. App. 1967).
· cites it 6× “Before an order for adoption of a minor may be entered, A.R.S. § 8-103, as amended, mandates: "* * * the provisions of this section which are applicable to the proceeding shall be observed: "1.”
Marriage of Fenn v. Fenn, 847 P.2d 129 (Ariz. Ct. App. 1993).
“section 8-103 provides: "Any adult resident of this state, whether married, unmarried *90 or legally separated is eligible to qualify to adopt children.”
Butler v. Adoption Media, LLC, 486 F. Supp. 2d 1022 (N.D. Cal. 2007).
“” Ariz.Rev.Stat. § 8-103. This statute was adopted in 1970, and has not been amended since.”
In Re Adoption of Luke, 414 P.2d 176 (Ariz. Ct. App. 1966).
· cites it 2× “At the outset we note that the written relinquishment of the mother's parental rights did not confer upon the appellants an advantage denied other adoptive parents.”
— Ariz. Rev. Stat. § 8-103(A) — 2 cases
Marriage of Doty-Perez v. Doty-Perez, 388 P.3d 9 (Ariz. Ct. App. 2016).
“To be sure, in light of Obergefell , A.R.S. § 8-103’s language that “[a] husband and wife may jointly adopt,” see supra 1111, must be interpreted to also mean that “a wife and wife” or “husband and husband” may jointly adopt.”
— Ariz. Rev. Stat. § 8-103(B) — 1 case
Lorenz v. State, 364 P.3d 475 (Ariz. Ct. App. 2015).
“That statute requires DCS to “place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child,” and it lists relevant factors to consider, such as “[established relationships between the child and the prospective…”
— Ariz. Rev. Stat. § 8-103(C) — 2 cases
— Ariz. Rev. Stat. § 8-103(C)(1) — 1 case
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