Arizona

Overview

Original Birth Certificates. Arizona is a Compromised State. It has a discriminatory “donut hole” in its law, which specifically prohibits adopted people who were born between June 20, 1968, and September 28, 2021, from applying for their own original birth certificates. For these adoptees, a court order is required. All other Arizona-born adopted people (i.e., those born outside of the donut hole years) may apply for and obtain a non-certified copy of their own OBC.

Court Records and Identifying Information. Unless written consent from a birthparent to release identifying information is on file with a court or agency, an adult adopted person must demonstrate a “compelling need” for a court order to disclose such information from the adoption records, generally defined as records with adoption agencies and private placement adoptions. The court may also decide “what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.”

What’s a Donut Hole? A donut hole is a date-based gap (or “hole”) in state law that discriminates against specific adopted people, either by using the adopted person’s date of adoption or the adopted person’s date of birth as a way to deny the right of that person to obtain a copy of their own original birth certificate. Arizona is one of two states in the United States with donut hole laws; Michigan is the other state.

Descendant Rights. Descendants, spouses, and ancestors of a deceased adopted person have no specific right to request and obtain a copy of the adoptee’s original birth certificate, other than through a court order. The court’s files, records, reports and documents relating to the adoption, however, are considered public 100 years after the date of the adoption.

Confidential Intermediaries. The Arizona courts oversee a confidential intermediary program that can be used to determine if information is available and whether it is authorized for be release to the adopted person. Confidential intermediaries typically charge a fee for this service.

Adult Adoption. Arizona law provides for the adoption of adults, with limitations and a relatively complex process. An adult seeking to be adopted must be at least 18 years of age and not older 21 years of age, unless the person is a current or previous stepchild or is a niece, nephew, cousin or grandchild of the proposed adoptive parent.

Arizona Law: Vital Records and Original Birth Certificates

Relevant parts of Arizona vital records law. The entire Arizona vital records statute is available here.

Section 36-336. Adoption certificate
A. For an adoption of a person born in this state, a state court shall submit to the state registrar an adoption certificate on a form approved by the state registrar or pursuant to a court order that includes:

1. Information required by rule about the adoptive father and adoptive mother.
Information required by rule about the child being adopted.
2. A statement by the court that the information on the adoption certificate is accurate.
3. The contact preference form prescribed in section 36-340.

B. For an adoption of a person born in this state and ordered by a court in another state, the state registrar shall accept an order for an adoption or an adoption certificate that contains the information in subsection A.

C. If a court modifies a court order for adoption, the state registrar shall follow the procedures in this chapter for amending a registered certificate.

D. By the tenth day of each month, a court in this state shall submit to the state registrar all adoption certificates, court orders for adoption and court orders for modification of adoption for the preceding month.

E. When the state registrar receives an adoption certificate, a court order for adoption, a change to a court order for adoption or an annulment of an adoption for a person born in another state, the state registrar shall send the document to the appropriate registration authority in the state where the person was born.

Section 36-337. Amending Birth Certificates
A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following:

1. Except as provided in subsection D of this section, an adoption certificate or a court order for adoption required pursuant to section 36-336.

2. A voluntary acknowledgment of paternity pursuant to section 25-812.

3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child’s parent or legal guardian.

(b) A written statement by a physician that verifies the sex change operation or chromosomal count.

4. A court order ordering an amendment to a birth certificate.

B. The state registrar shall change the name of the father on a registered birth certificate if:

1. The state registrar receives an administrative order or a court order ordering the state registrar to change the father’s name on the registered birth certificate.

2. Paternity is established through a voluntary acknowledgement of paternity pursuant to section 25-812.

C. If a registered birth certificate does not exist for a person born in this state who is requesting to amend a birth certificate the person making that request shall comply with the requirements established by rule.

D. The state registrar shall retain the information on a person’s registered birth certificate after the person’s adoption if all of the following documents are submitted to the state registrar:

1. A written request to retain the information signed by the adoptive parent or a court order containing a request to retain the information on the registered birth certificate.

2. A written statement agreeing to retain the mother’s name on the person’s registered birth certificate, signed by the mother, or if the mother is deceased, a certified copy of a registered death certificate for the mother.

3. If there is a father’s name stated on the registered birth certificate, a written statement agreeing to retain the father’s name on the person’s registered birth certificate, signed by the father, or if the father is deceased, a certified copy of a registered death certificate for the father.

E. If the state registrar amends a registered birth certificate following adoption, the birth certificate shall state the city or county of birth stated on the existing registered birth certificate and the date of birth stated on the existing registered birth certificate. The state registrar may omit the exact location of birth on the registered birth certificate.

F. If a local registrar or deputy local registrar amends a registered birth certificate, the local registrar or deputy local registrar shall forward all evidentiary documents provided to create the new birth certificate to the state registrar.

G. If the state registrar amends a registered birth certificate, the state registrar shall seal the previously registered birth certificate and the evidentiary documents provided to amend the registered birth certificate. The state registrar shall provide access to a sealed certificate or evidentiary documents only pursuant to section 36-322, a court order issued in this state or as prescribed by rule.

H. If the state registrar receives a court order annulling an adoption, the state registrar shall unseal the sealed registered birth certificate and shall seal the new birth certificate and evidentiary documents.

36-338. Certificates of foreign birth for adoptees
A. The state registrar shall create and register a state of Arizona certificate of foreign birth for an adopted person who satisfies all of the following:

1. Was born in a foreign country.
2. Is not a United States citizen.
3. Has gone through a completed adoption process in a foreign country before coming to the United States.
4. Has an IR-3 stamped passport.

B. Before the state registrar creates and registers a certificate of foreign birth, either a state court, an adoptive parent or an adult adopted person must submit the following:

1. An adoption decree or other official document finalizing the adoption from the country of the adopted person’s birth that has been translated into English.
2. A copy of the passport page showing the IR-3 stamp.

C. Before the state registrar creates and registers a certificate of foreign birth for a parent of an adopted child who has been issued an IR-3 visa and who has completed a readoption process in a court in this state, the parent must provide either of the following:

1. An original state of Arizona certificate of adoption issued by a court in this state.
2. A certified court order of adoption issued by a court in this state and either a birth certificate from the country of the adopted person’s birth that has been translated into English or any other written documentation that establishes the date and place of the adopted person’s birth and that has been translated into English.

D. If the adopted person does not have an IR-3 stamped passport, before the state registrar creates and registers a certificate pursuant to this section an adoptive parent or an adult adopted person must submit either:

1. An original state of Arizona certificate of adoption issued by a court in this state.
2. A certified court order of adoption issued by a court in this state and either a birth certificate from the country of the adopted person’s birth that has been translated into English or any other written documentation that establishes the date and place of the adopted person’s birth and that has been translated into English.
3. If the person was not adopted in this state, a court order issued in this state that recognizes the adoption pursuant to section 36-336.

E. The state registrar shall not create and register a state of Arizona certificate of foreign birth for an adopted person who was born in a foreign country and who was a United States citizen at the time of birth. The state registrar shall inform the adoptive parents or the adult adopted person that a birth certificate may be obtained through the United States department of state.

F. A state of Arizona certificate of foreign birth for an adopted person must show the country of birth and state that the certificate is not evidence of United States citizenship for the person for whom it is issued.

Arizona Law: Adoption Generally and Adoption Records

Relevant parts of Arizona adoption law. The entire Arizona adoption statute is available here.

Section 8-102. Who may be adopted
A. Except as provided in title 14, chapter 8 and subsection B of this section, only a child, or a foreign-born person who is twenty-one years of age or less and who is not an illegal alien, who is present within this state at the time the petition for adoption is filed may be adopted.

B. A dependent child is not required to be present in this state at the time the petition for adoption is filed if the criteria prescribed in section 8-103, subsection B are met.

Section 8-103. Who may adopt
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.

8-106. Consent to adoption; waiver; consent to the release of information
A. The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:

1. The child’s birth or adoptive mother, if living.
2. The child’s father if any of the following is true:

(a) The father was married to the child’s mother at the time of conception or at any time between conception and the child’s birth unless his paternity is excluded or another man’s paternity is established pursuant to title 25, chapter 6, article 1.

(b) The father has adopted the child.

(c) The father’s paternity is established under title 25, chapter 6, article 1 or section 36-334.

3. A child who is twelve years of age or older and who gives consent in open court.

4, Any guardian of the person of the child who is appointed by a court and who is given authority by it to consent to the child’s adoption.

5. An agency that has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or that has been given authority in other legal proceedings to place the child for adoption.

6. The guardian of any adult parent for whom a guardian is currently appointed.

7. The division if it has been given consent to place the child for adoption by the parent or parents whose consent would otherwise be necessary pursuant to paragraph 1 or 2 of this subsection or if it has been given authority in other legal proceedings to place the child for adoption. The court may waive the requirement for consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child’s best interest.

B. It is not necessary for a person to obtain consent to adopt from the following:

1. An adult parent for whom a guardian is currently appointed.
2. A parent whose parental rights have been terminated by court order.
3. A parent who has previously consented to an agency’s or the division’s placement of the child for adoption.
4. A person whose consent is not required under subsection A of this section.

C. The minority of the child or parent does not affect the child’s or parent’s competency to give consent in the instances set forth in this section.

D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.

E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement that acknowledges that when the child being adopted reaches eighteen years of age, the child may obtain a copy of the child’s original birth certificate as provided in section 36-340. The birth parent shall also submit the contact preference form prescribed in section 36-340 to the agency, division or attorney for filing with the court.

F. A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court. The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.

G. Notice shall be served on each potential father as provided for the service of process in civil actions. The notice shall be substantially in the form prescribed in subsection I of this section and shall inform the potential father of all of the following:

1. That adoption is planned.
2. The potential father’s right to consent or withhold consent to the adoption.
3. The potential father’s responsibility to initiate paternity proceedings under title 25, chapter 6, article 1, and to serve the mother within thirty days of completion of service.
4. The potential father’s responsibility to proceed to judgment in the paternity action.
5. The potential father’s right to seek custody.
6. The potential father’s responsibility to begin to provide financial support for the child if paternity is established.
7. That the potential father’s failure to file a paternity action pursuant to title 25, chapter 6, article 1, and to serve the mother and proceed to judgment in the paternity action as prescribed by this section, bars the potential father from bringing or maintaining any action to assert any interest in the child.

H. Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother. A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit. Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action. Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.

I. The notice required pursuant to subsection G of this section shall be in substantially the following form:

Notice:

Notice is given to ___ that you have been identified by __________, the natural mother, as a potential father of a child to be born or, born on __________, in __________.

You are informed of the following:

1. __________, the natural mother, plans to place the child for adoption.
2. Under sections 8-106 and 8-107, Arizona Revised Statutes, you have the right to consent or withhold consent to the adoption.
3. Your written consent to the adoption is irrevocable once you give it.
4. If you withhold consent to the adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and serve the mother within thirty days after completion of service of this notice.
5. You have the obligation to proceed to judgment in the paternity action.
6. You have the right to seek custody.
7. If you are established as the child’s father, you must begin to provide financial support for the child.
8. If you do not file a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, and do not serve the mother within thirty days after completion of the service of this notice and pursue the action to judgment, you cannot bring or maintain any action to assert any interest in the child.
9. The Indian child welfare act may supersede the Arizona Revised Statutes regarding adoption and paternity.
10. For the purposes of service of a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, service may be made on the mother at __________ or her agency or attorney at __________.
11. You may wish to consult with an attorney to assist you in responding to this notice.

J. A potential father who fails to file a paternity action and who does not serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child’s adoption or the termination of parental rights and his consent to the adoption or termination is not required.

Section 8-120. Records; inspection; exception; destruction or transfer of certain records
A. Except as provided in section 8-129, all files, records, reports and other papers compiled under this article, whether filed in or in possession of the court, an agency or any person or association, shall be withheld from public inspection.

B. Such files, records, reports and other papers may be open to inspection by persons and agencies having a legitimate interest in the case and their attorneys and by other persons and agencies having a legitimate interest in the protection, welfare or treatment of the child if so ordered by the court.

C. This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.

D. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.

E. Except for files that belong to an attorney, all files, records, reports and other papers not filed in or in the possession of the court shall not be destroyed until after a ninety-nine year period. The files that belong to an attorney shall not be destroyed until after a seven-year period.

F. If an adoption agency ceases operations, the adoption agency shall do all of the following:

1. Transfer the documents described in subsection A of this section to the division or to another adoption agency in this state if the documents concern a matter that is closed.

2. Transfer the documents described in subsection A of this section to another adoption agency in this state if the documents concern a matter that is open.

3. Notify the division of the transfer of any documents to another adoption agency in this state pursuant to this subsection.

4. Notify all adoptive parents whose files it is transferring pursuant to this subsection of the transfer.

Section 8-121. Confidentiality of information; exceptions
A. It is unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to subsection C of this section or section 8-120, 8-129 or 8-134, or except for purposes permitted by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any information involved in any proceeding under this article directly or indirectly derived from the files, records, reports or other papers compiled pursuant to this article, or acquired in the course of the performance of official duties until one hundred years after the date of the order issued pursuant to section 8-116. After one hundred years has elapsed from the date of the order issued pursuant to section 8-116 the court shall transfer all files, records, reports and other documents in possession of the court relating to the adoption to the Arizona state library, archives and public records. The items transferred pursuant to this subsection shall be available for public inspection during business hours and may be made available in an alternative format.

B. The provisions of this section shall not be construed to prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.

C. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.

D. A person may petition the court to obtain information relating to an adoption in the possession of the court, the division or any agency or attorney involved in the adoption. Nonidentifying information may be released by the court pursuant to section 8-129. The court shall not release identifying information unless the person requesting the information has established a compelling need for disclosure of the information or consent has been obtained pursuant to subsection E of this section or from the birth parent pursuant to section 8-106. If a compelling need for disclosure of information is established, the court may decide what information, if any, should be disclosed and to whom and under what conditions disclosure may be made.

E. An adoptee who is eighteen years of age or older or a birth parent may file at any time with the court and the agency, division or attorney who participated in the adoption a notarized statement granting consent, withholding consent or withdrawing a consent previously given for the release of confidential information. If an adoptee who is eighteen years of age or older and the birth mother or birth father have filed a notarized statement granting consent to the release of confidential information, the court may disclose information, except identifying information relating to a birth parent who did not grant written consent, to the adoptee or birth parent.

8-129. Health and genetic history; compilation; availability; costs
A. Before placing a child for adoption, the division or the agency or the person placing the child, if the child is not placed by the division, shall compile and provide to the prospective adoptive parents detailed written nonidentifying information including a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent’s family set forth in a document that is separate from any document containing identifying information. This subsection does not apply if the birth parents are deceased, their whereabouts are unknown or the information is not otherwise reasonably available.

B. Records containing the information prescribed in subsection A:

1. Shall be retained by the division, agency or person for ninety-nine years, and if an agency or person ceases to function, the agency or person shall transfer these records to the division, except that an agency ceasing operations may transfer these records to another agency within this state, provided the agency transferring the records gives notice of the transfer to the division.

2. May be supplemented with information supplied by any member of the birth family, any member of the adoptive family or an adult adoptee or the family of an adult adoptee. Supplemental information supplied to the division or the agency or the person who placed the child shall be filed with all other information concerning the adoption.

3. Shall be available on request throughout the ninety-nine year period, together with any other information described in subsection A which is added, to the following persons only:

(a) The adoptive parents of the child or, if the adoptive parents have died, the child’s guardian.
(b) The adoptee if he is eighteen or more years of age.
(c) If the adoptee has died, the adoptee’s spouse if he is the legal parent of the adoptee’s child or the guardian of any child of the adoptee.
(d) If the adoptee has died, any progeny of the adoptee who is eighteen or more years of age.
(e) The birth parent of the adoptee or other biological children of the birth parent.

C. The actual and reasonable cost of providing information pursuant to this section shall be paid by the person requesting the information.

8-134. Confidential intermediary
A. Any of the following persons may use the services of a confidential intermediary who is listed with the court:

1. The adoptive parents of an adoptee who is at least eighteen years of age or, if the adoptive parents are deceased, the adoptee’s guardian.
2. An adoptee if the adoptee is at least eighteen years of age.
3. If an adoptee is deceased, the adoptee’s spouse if the spouse is the legal parent or guardian of any child of the adoptee.
4. If an adoptee is deceased, any progeny of the adoptee who is at least eighteen years of age.
5. Either of the birth parents of an adoptee.
6. The biological grandparent of the adoptee or other members of the adoptee’s extended biological family.
7. A biological sibling of the adoptee if the sibling is at least eighteen years of age.

B. An adoption agency licensed by this state, the division or an individual who meets the requirements adopted pursuant to subsections I and J of this section may serve as a confidential intermediary.

C. Notwithstanding sections 8-120 and 8-121, a confidential intermediary may inspect documents compiled pursuant to this article. Documents include the court records, division records, agency records and maternity home records. The confidential intermediary shall keep confidential all information obtained during the course of the investigation. The intermediary shall use confidential information only to arrange a contact or share information between the person who initiates the search and the person who is the subject of the search. A confidential intermediary shall review the court record before making any contact with an adoptee to determine if an affidavit has been filed pursuant to subsection E of this section. Except as provided pursuant to subsection A, paragraphs 1, 2, 4 and 7 and subsection G of this section, a confidential intermediary shall not contact persons under twenty-one years of age.

D. The confidential intermediary shall obtain written consent from the person who initiated the search and the person who is the subject of the search before arranging for the sharing of identifying information or a contact between them. If the confidential intermediary discovers the subject of the search is deceased or that the identity of the birth father was unknown to or not revealed by the birth mother, the confidential intermediary shall share this information with the person initiating the search. If the confidential intermediary, after a diligent effort, is unable to locate the subject of the search to obtain written consent to share information, the confidential intermediary shall share this information with the person initiating the search and prepare and place with the compiled documents a written report describing search efforts. If the person who initiated the search petitions the court to release identifying information, the court shall review the report prepared by the confidential intermediary and shall decide if the information may be released and in what manner the information may be released if the court determines there is good cause.

E. An adoptive parent who has not informed an adoptee that the adoptee was adopted may file an affidavit so stating with the court where the adoption took place. The affidavit may be withdrawn at any time by the adoptive parent. If an affidavit is a part of the court record, the confidential intermediary shall not make contact with the adoptee unless the adoptive parent withdraws the affidavit and grants permission in writing or the adoptee has filed an affidavit stating that the adoptee knows about the adoption and wishes to make contact with the birth parent.

F. A birth parent who has not informed the parent’s biological offspring of the existence of the adoptee may file an affidavit so stating with the court where the adoption took place. The affidavit may be withdrawn at any time by the birth parent. If an affidavit is a part of the court record, the confidential intermediary shall not make contact with the biological sibling unless the birth parent withdraws the affidavit and grants permission in writing or the biological sibling has filed an affidavit stating that the biological sibling knows about the adoptee and wishes to make contact with the adoptee.

G. On receipt of a written statement from a physician or a registered nurse practitioner that explains in detail how a health condition may seriously affect the health of the adoptee or a direct descendant of the adoptee, the court shall order the confidential intermediary program to appoint a confidential intermediary. The confidential intermediary shall make a diligent effort to notify an adoptee who has attained eighteen years of age, an adoptive parent or guardian of an adoptee who has not attained eighteen years of age or a direct descendant of a deceased adoptee that the nonidentifying information is available and shall be provided on written request.

H. On receipt of a written statement from a physician or a registered nurse practitioner that explains in detail why a serious health condition of the adoptee or a direct descendant of the adoptee should be communicated to the birth parent or biological sibling to enable the birth parent or biological sibling to make an informed medical decision, the court shall order the confidential intermediary program to appoint a confidential intermediary. The confidential intermediary shall make a diligent effort to notify those individuals that the nonidentifying information is available and shall be provided on written request.

I. The Arizona supreme court shall administer the confidential intermediary program. The court shall adopt rules and procedures necessary to implement the program, including qualifications, required fees, minimum standards for certification, training and standards of conduct of confidential intermediaries, and shall establish the fees that may be charged by a confidential intermediary.

J. A person shall not act as a confidential intermediary unless the person possesses a confidential intermediary certificate issued by the supreme court. In order to be certified as a confidential intermediary a person shall meet and maintain the minimum standards prescribed by this section and the rules adopted by the supreme court.

K. In carrying out the provisions of this section the supreme court shall require applicants for a confidential intermediary certificate to furnish fingerprints and the supreme court shall obtain criminal history record information pursuant to section 41-1750. The applicant for certification shall pay a fee to the department of public safety to reimburse the department of public safety for the cost of obtaining the applicant’s criminal history record information required by this section. The fee shall not exceed the actual cost of obtaining the applicant’s criminal history record information.

L. The actual and reasonable cost to the agency, division or court of providing information pursuant to the confidential intermediary program shall be paid by the person requesting the services of a confidential intermediary. If the juvenile court of a county is supplying the information, the actual and reasonable costs shall be paid to the clerk of the court of that county who shall transmit the monies to the county treasurer of that county for deposit in the juvenile probation services fund to be utilized by the juvenile court of that county for reimbursing the court for costs associated with providing information pursuant to the confidential intermediary program. If the division is supplying the information, the actual and reasonable costs shall be paid to the division. If an agency is supplying the information, the actual and reasonable costs shall be paid to the agency.

Arizona Law: Adult Adoption

This is the entire Arizona Adult Adoption statute.

Section 14-8101. Adult adoption; agreement; consent of spouse; court procedure; petition
A. 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 current or previous stepchild or a 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. 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.

B. The agreement of adoption shall be in writing, shall be executed by the person adopting the person to be adopted and 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.

C. A married person who is not legally separated from that person’s spouse cannot adopt an adult person without the consent of the spouse of the adopting person if the spouse is capable of giving the consent. A married person who is not legally separated from that person’s spouse cannot be adopted without the consent of the spouse of the person to be adopted if the spouse is capable of giving that consent.  Neither the consent of the natural parent or parents of the person to be adopted, of the division nor of any other person is required.

D. The adopting person and the person to be adopted may file in the court in the county in which either resides a petition for a decree of adoption. The court shall assign the case to a division of the superior court that shall fix a time and place for a hearing on the petition. Both the person adopting and the person to be adopted shall appear at the hearing in person. An attorney may appear on behalf of a person who is not able to appear if the attorney has that person’s written authorization. The court may require notice of the time and place of the hearing to be served on any other interested persons. Any interested person may appear and object to the proposed adoption. Before the hearing, a person designated by the court shall 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. The court in its discretion may require additional investigation if it finds that the welfare of the proposed adoptee will be served or if additional information is necessary to make an appropriate decision regarding the adoption.

E. At the hearing the court shall examine the parties or the attorney of any party who is not present. 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. 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.

F. The petition for adoption shall state:

1. The length and nature of the relationship between the person seeking to adopt and the proposed adoptee.

2. The degree of kinship, if any.

3. 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.

4. The names and addresses of any living parents or adult children of the proposed adoptee.

5. 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.

G. In determining whether or not the adoption of any person is in the public interest or the best interests of the persons seeking the adoption, the court may consider evidence without regard to the rules of evidence.