If you want to know more about an adult adoption in Arizona, then you’re in the right place. In Arizona, any adult may adopt another adult so long as the adult to be adopted is between 18-21, OR the adult to be adopted is the stepchild, niece, nephew, cousin or grandchild of the adopting adult.

In this article, I will cover the following:

• The legal requirements for an adult adoption in Arizona
• The process for adopting another adult in Arizona
• Some of the benefits and reasons to do an adult adoption
• A quick summary of my services
• Tips for what to do if an adult adoption isn’t possible for you

According to the pertinent statute: “Any adult person may adopt either another adult person who is at least eighteen years of age and not more than twenty-one years of age and who consents to the adoption or another adult person who is a stepchild, niece, nephew, cousin or grandchild of the adopting person, by an agreement of adoption approved by a decree of adoption of the court in the county in which either the person adopting or the person adopted resides.”

Let me break this down. In Arizona, you (an adult) can adopt any other adult if that adult is between 18 and 21 years old. No familial relationship is required. Thus, time is of the essence if the person you want to adopt does not have a familial relationship (niece, cousin, grandchild), and is not a current stepchild. You will need to act quickly and file for an adult adoption sooner rather than later so you do not miss the window of opportunity.

If the adult you want to adopt is a stepchild, niece, nephew, cousin, or grandchild, then the 18-21 age limit does not apply. You can adopt that adult in Arizona at any time. However, just like with anything in life, things change and so getting to it sooner rather than later is still advisable.

Additionally, for foster parents: “A foster parent may adopt an adult who was placed in the foster parent’s care when the adult was a juvenile if the foster parent has maintained a continuous familial relationship with that person for five or more years.”

Assuming you and the adult you want to adopt agree, you both will need to sign an agreement of adoption.

Agreement of adoption

For an adult adoption in Arizona, a written agreement of adoption is required and will need to be filed with the court. According to the statute, the agreement “shall state that the parties agree to assume toward each other the legal relation of parent and child and to have all of the rights and to be subject to all of the duties and responsibilities of that relation.”

Spouse’s agreement

If either adult is married (and not legally separated from their spouse), then the married adult’s spouse must consent to the adoption. For example, if you are married and you want to adopt another adult, then your spouse must consent to the adoption, even if your spouse is not joining you and adopting the other adult. Likewise, if the adult to be adopted is married, then that spouse must also consent to the adoption, even if that spouse is not being adopted as well. In brief, if either adult involved in the adoption is married, then the spouse’s consent is required.

Natural parents’s consent not needed

Although spousal consent is required, you do not need to have the consent of the natural parent(s) of the adult to be adopted. Similarly, you do not need the consent of any other adult (only spouse’s, as explained above).

Filing a petition for adult adoption in Arizona

To get the ball rolling, you have to file a petition for adult adoption in Arizona. All petitions for adult adoption in Arizona are filed in Superior Court. You can file the petition in the county where you reside, or in the county where the adult to be adopted resides.

The petition must include the following:

• The length and nature of the relationship between the person seeking to adopt and the proposed adoptee.
• The degree of kinship, if any.
• The reason the adoption is sought, together with a statement as to why the adoption would be in the best interests of the person seeking to adopt, the proposed adoptee and the public.
• The names and addresses of any living parents or adult children of the proposed adoptee.
• Whether the person seeking to adopt or that person’s spouse has previously adopted any other adult person and, if so, the name of the person with the date and place of the adoption.

Court hearing on adult adoption

After the petition for adult adoption in Arizona is filed, the court will do two main things.

One, the court will designate a court personnel to do an investigation to “submit a written report concerning information that person gathers by observation or investigation regarding the welfare, competency and best interests of the parties and the public.” Unlike an adoption of a minor, this “investigation” is very brief, typically consisting of simple phone calls to gather the basic info needed. Further, there is no home study requirement like there is in adoptions for minors.

Two, the court will hold a hearing to decide if the adoption will be granted. Both adults need to be present for the hearing. After you file the petition, discussed above, you will need to serve notice on any “interested persons” so they may attend the hearing if they want. Usually, this will consist of the natural parents (although their consent is not required), and spouses of either adult involved in the case. At the hearing, the court will examine (question) both adults, and any interested persons that attend.

“If the court determines that the adoption will be for the best interests of the parties and in the public interest, the court shall approve the agreement of adoption and make a decree of adoption declaring that the person adopted is the child of the adopting person.” Conversely, “if the court determines that the adoption is not in the best interests of the parties and the public interest, the court shall deny the petition for adoption.”

The process for filing an adult adoption in Arizona can be summarized as follows:

1. Ensuring that all legal requirements are met
2. Filing a petition for adult adoption in Arizona
3. Filing the agreement of adoption signed by both adults
4. Filing the consent of the adults’ spouses, if any
5. Interviewing with the court’s investigator
6. Giving notice of the court hearing to any interested persons
7. Preparing the decree of adult adoption
8. Attending the adult adoption hearing
9. Getting the adult adoption decree signed by the court

There are a number of reasons why you might want to adopt another adult. In my experience, there is usually a personal reason combined with an economic reason. Regardless, the court will generally grant the adoption so long as it is in the best interests of the adult to be adopted. Here are some of the reasons and benefits:

• To maintain a relationship by creating a legally binding parent/child relationship
• To adopt a stepchild that could not be adopted while a minor
• To create full inheritance rights
• Social security benefits
• Potential privacy and visitation rights
• Health insurance benefits

One of my favorite things to do are adult adoptions in Arizona. Just like adoptions of minors, these are feel-good cases that create relationships. I’ve done many adult adoptions in the past and continue to offer my services to help people wanting an adult adoption in Arizona. Here is what I offer:

Depending on your circumstances, you might not be able to adopt the other adult. For example, the other adult might be too old and there is no applicable familial relationship. In that situation, there are still solutions available.

The primary solution is good estate planning. Even if you cannot get a decree creating a parent/child relationship, you can still obtain many of the benefits by proper estate planning. For example, you can provide for an inheritance for the other adult. You can also create appropriate powers of attorney and/or a trust to further provide for and/or receive the help from the adult you wanted to adopt.

If you’re not sure if you can do an adult adoption, or even if you think you can’t after reading this article, still give me a call so we can discuss and strategize your options. Contact me or call at 480-758-3133.