Arizona Revised Statutes

Ariz. Rev. Stat. § 8-109 (2026)

Petition to adopt; contents

✓ current as of May 2026
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A. The potential adoptive parent or parents, an agency or the division may file a petition to adopt. The petition shall specify:

1. The full name, age and place of residence of the prospective adoptive parent and, if married, the date and place of marriage and the relationship if any to the child.

2. That a certificate of acceptability to adopt has been issued in favor of the prospective adoptive parent and the date of its issuance or the reason preadoption certification is not required.

3. The date when the prospective adoptive parent acquired custody of the child and from what person or agency, or, if not in custody, the present custodial circumstances.

4. The date and place of birth of the child.

5. The name of the child or the fictitious name to be used in the proceedings and, if a change of name is desired, the name.

6. That it is the desire of the prospective adoptive parent to adopt the child.

7. A full description and statement of the value of all property owned or possessed by the child.

8. If the child being adopted is a ward of the court, that written consent to adopt has been given by the division or the agency that has been given custody of the ward or any reason that consent need not be given.  Pursuant to section 8-106, subsection A, paragraph 7, the court may waive this requirement as it relates to the division.

9. Full disclosure of any fees or anything of value given or paid to any person or organization in connection with the adoption of the child.

B. Any written consent required by this article may be attached to the petition or may be filed after the filing of the petition at or before the hearing.

 

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1975–2021 · leading case: In Re the Appeal in Navajo Cnty. Juv. Action No. JA-691, 831 P.2d 368 (Ariz. Ct. App. 1991).
In Re the Appeal in Navajo Cnty. Juv. Action No. JA-691, 831 P.2d 368 (Ariz. Ct. App. 1991). · cites it 4× “A.R.S. § 8-109(B). The statute should be applied only to the time after the consent is filed, which normally coincides with the adoption hearing and decree.”
Matter of Appeal in Pima Cnty. Etc., 575 P.2d 310 (Ariz. 1978). · cites it 2× “Appellant next contends that the original petition for adoption did not include all the elements required by A.R.S. § 8-109(A)(8). Appellant contends that because the original petition failed to give notice that his children were neglected or that his consent was unnecessary the…”
In Re the Appeal in Pima Cnty. Juv. Action B-10489, 727 P.2d 830 (Ariz. Ct. App. 1986). · cites it 4× “A.R.S. §§ 8-109, 8-112 and 8-113. When a petition for certification is filed pursuant to A.”
Gila River Indian Cmty. v. Dep't of Child Saf., 379 P.3d 1016 (Ariz. Ct. App. 2016). · cites it 2× “See AR.S. § 8-109 *390 (2014). 15 Only then did the Community seek to transfer jurisdiction from the juvenile court to the Community’s Children’s Court pursuant to 25 U.”
Roberto F. v. Dep't of Child Saf., 332 P.3d 614 (Ariz. Ct. App. 2014). · cites it 4× “A.R.S. § 8-109(A). Once the petition to adopt has been filed, an adoption hearing is set by the juvenile court.”
In re the Appeal in Maricopa Cnty., Juv. Action No. A-26961, 660 P.2d 479 (Ariz. Ct. App. 1982). · cites it 2× “Because the adoptive parents had not yet been certified for adoption as required by A.R.S. § 8-109, they petitioned for temporary custody pursuant to A.”
Lee v. Superior Court, in & for Cnty. of Pima, 540 P.2d 1274 (Ariz. Ct. App. 1975). · cites it 2× “On April 24, 1974, a petition for leave to adopt the minor child was filed which recited the pertinent facts required by A.R.S. § 8-109. It also recited that the affidavit of parent’s consent by which the natural mother consented to the adoption would be filed with the court at…”
Adams v. State, 916 P.2d 1156 (Ariz. Ct. App. 1995). “§ 8-109. Once a petition is filed, the court must direct DES to undertake a social study and submit a written report.”
Clark v. Curran, 575 P.2d 326 (Ariz. Ct. App. 1977). · cites it 2× “Even assuming that appellant should have received notice, we do not find the deficiency so prejudicial as to vitiate the adoption proceedings after a full hearing. Appellant next contends that the petition to adopt failed to give notice that his children were neglected or that…”
Pima Cnty. Juv. Action Nos. B-8272 & J-65774 v. Fisher, 616 P.2d 49 (Ariz. 1980). · cites it 2× “See A.R.S. § 8-109(A) and A.R.S. § 8-106(C). Petitioner also argues that a court may not sue sponte find a child dependent and place the child in the care and control of a state agency.”
Clark v. Curran, 575 P.2d 310 (Ariz. 1978). · cites it 2× “Appellant next contends that the original petition for adoption did not include all the elements required by A.R.S. § 8-109(A)(8). Appellant contends that because the original petition failed to give notice that his children were neglected or that his consent was unnecessary the…”
Gric v. Dcs (Ariz. Ct. App. 2016). · cites it 2× “See A.R.S. § 8-109 (2014).15 Only then did the Community seek to transfer jurisdiction from the juvenile court to the Community’s Children’s Court pursuant to 25 U.”
— Ariz. Rev. Stat. § 8-109(A) — 3 cases
Roberto F. v. Dep't of Child Saf., 332 P.3d 614 (Ariz. Ct. App. 2014). “A.R.S. § 8-109(A). Once the petition to adopt has been filed, an adoption hearing is set by the juvenile court.”
Pima Cnty. Juv. Action Nos. B-8272 & J-65774 v. Fisher, 616 P.2d 49 (Ariz. 1980). “See A.R.S. § 8-109(A) and A.R.S. § 8-106(C). Petitioner also argues that a court may not sue sponte find a child dependent and place the child in the care and control of a state agency.”
Roberto F. v. Dcs (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 8-109(A)(8) — 4 cases
Matter of Appeal in Pima Cnty. Etc., 575 P.2d 310 (Ariz. 1978). “Appellant next contends that the original petition for adoption did not include all the elements required by A.R.S. § 8-109(A)(8). Appellant contends that because the original petition failed to give notice that his children were neglected or that his consent was unnecessary the…”
Clark v. Curran, 575 P.2d 326 (Ariz. Ct. App. 1977). “Even assuming that appellant should have received notice, we do not find the deficiency so prejudicial as to vitiate the adoption proceedings after a full hearing. Appellant next contends that the petition to adopt failed to give notice that his children were neglected or that…”
Clark v. Curran, 575 P.2d 310 (Ariz. 1978). “Appellant next contends that the original petition for adoption did not include all the elements required by A.R.S. § 8-109(A)(8). Appellant contends that because the original petition failed to give notice that his children were neglected or that his consent was unnecessary the…”
Stephanie S. v. Dcs (Ariz. Ct. App. 2021).
— Ariz. Rev. Stat. § 8-109(B) — 1 case
In Re the Appeal in Navajo Cnty. Juv. Action No. JA-691, 831 P.2d 368 (Ariz. Ct. App. 1991). “A.R.S. § 8-109(B). The statute should be applied only to the time after the consent is filed, which normally coincides with the adoption hearing and decree.”
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