2011 Arizona Revised Statutes
Title 8 Children
8-103 Who may adopt


AZ Rev Stat § 8-103 (1996 through 1st Reg Sess 50th Legis) What's This?

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. Pursuant to rules adopted by the division, the division 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, 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.

C. 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.

D. In each adoption proceeding, the court shall make findings on the record regarding the best interests of the child pursuant to law.

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