A.R.S. tit. 8 ch. 1 — Arizona Revised Statutes Title 8 Chapter 1 — Adoption

8-101. Definitions In this article, unless the context otherwise requires: 1. "Adult" means a person eighteen years of age or older. 2. "Agency" or "adoption agency" means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm. 3. "Agency placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1. 4. "Child" means any person under eighteen years of age. 5. "Custody" means a status embodying all of the following rights and responsibilities: (a) The right to have the physical possession of the child. (b) The right and the duty to protect, train and discipline the child. (c) The responsibility to provide the child with food, shelter, education and health care, and the authority to consent to surgery or other extraordinary medical care in an emergency. 6. "Direct placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2. 7. "Division" means the department of child safety. 8. "Juvenile court" or "court" means the juvenile division of the superior court. 9. "Permanent guardian" means a legal guardian appointed by the court pursuant to section 8-871. 10. "Petitioner" includes both petitioners under a joint petition. 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. 8-102.01. Jurisdiction If a petition for adoption is filed prior to a child's eighteenth birthday jurisdiction of the superior court continues for purposes of entering an order of adoption of such child even if the child becomes eighteen years of age prior to the final adoption hearing. 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. 8-104. Venue A petitioner may begin adoption proceedings in the court in the county where the prospective adoptive parent resides or, if applicable, in the county where the child is a ward. 8-105. Preadoption certification; investigation; central adoption registry A. Before any prospective adoptive parent may petition to adopt a child the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation conducted by an officer of the court, by an agency, by the department or by an entity contracted by the department to do an investigation and home study for foster home licensing or preadoption certification. A written application for certification shall be made directly to the court, to an agency, to the department or to an entity contracted by the department, in the form and content required by the court, agency or department. B. The department is not required to accept every application for certification. In determining which applications to accept the department may give priority to applications filed by adult residents of this state who wish to adopt a child who has any special needs as defined in section 8-141. C. After receiving and accepting the written and completed application of the prospective adoptive parent or parents, which shall include a financial statement and a physician's or a registered nurse practitioner's statement of each applicant's physical health, the department, the agency, an officer of the court or the entity contracted by the department shall conduct or cause to be conducted an investigation of the prospective adoptive parent or parents to determine if they are fit and proper persons to adopt children. D. The department shall not present for certification a prospective adoptive parent unless that person and each other adult member of the household have a valid fingerprint clearance card issued pursuant to section 41-1758.07. The prospective adoptive parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether that person is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. E. An officer of the court may obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. F. This investigation and report to the court shall consider all relevant and material facts dealing with the prospective adoptive parents' fitness to adopt children and shall include: 1. A complete social history. 2. The financial condition of the applicant. 3. The moral fitness of the applicant. 4. The religious background of the applicant. 5. The physical and mental health condition of the applicants. 6. Any court action for or adjudication of child abuse, abandonment of children, dependency or termination of parent-child relationship in which the applicant had control, care or custody of the child who was the subject of the action. 7. Whether the person or persons wish to be placed on the central registry established in subsection M of this section. 8. All other facts bearing on the issue of the fitness of the prospective adoptive parents that the court, agency or department may deem relevant. G. The investigator shall not reveal to the prospective adoptive parents the identity of a child or the child's parent or parents and shall not reveal to the child or the child's parent or parents the identity of the prospective adoptive parents if these facts are not already known. H. Within ninety days after the original application prescribed by subsection A of this section has been accepted, the department, the agency or the entity contracted by the department or a person or agency designated by the court to conduct an investigation shall present to the juvenile court the written report required by subsection F of this section, which shall include a definite recommendation for certifying the applicant as being acceptable or nonacceptable to adopt children and the reasons for the recommendation. I. Within sixty days after receiving the investigation report required by subsections F and H of this section, the court shall certify the applicant as being acceptable or nonacceptable to adopt children based on the investigation report and recommendations of the report. A certification remains in effect for eighteen months from the date of its issuance and may be extended for additional one year periods if after review the court finds that there have been no material changes in circumstances that would adversely affect the acceptability of the applicant to adopt. J. The court may require additional investigation if it finds that additional information is necessary on which to make an appropriate decision regarding certification. K. Any applicant who has been certified as nonacceptable may petition the court to review that certification. Notice shall be given to all interested parties and notice may be given to the foster care review board if the child sought to be adopted is in out-of-home placement and is a dependent child or the subject of a dependency action. The matter shall be heard by the court, which may affirm or reverse the certification. L. If the applicant is certified as nonacceptable, the applicant may not reapply for certification to the court, to any agency, to the department or to an entity contracted by the department for one year. M. The department shall maintain a central adoption registry that includes the names of all prospective adoptive parents currently certified by the court as acceptable to adopt children, except those who request that their names not be included, the names of all children who are under the jurisdiction of the department and who are currently available for adoption, the names of any other children who are currently available for adoption and whose names are voluntarily entered in the registry by any agency, parent or other person that has the right to give consent to the child's adoption, and other information as the department may elect to include in aid of adoptive placements. Access to information in the registry shall be made available on request to any agency under assurances as the department may require that the information sought is in furtherance of adoptive placements and that confidentiality of the information is preserved. N. This section does not apply if: 1. The prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption. 2. The birth or legal parent is deceased but at the time of death the parent had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the birth or legal parent during the twenty-four months before the death of the parent. 3. The grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling is deceased but at the time of death that person had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling during the twenty-four months before the death of the grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling. 4. The applicant is a licensed foster parent who is petitioning to adopt a child currently placed by the department in the foster parent's home and the department recommends the adoption of the child by the foster parent applicant. O. If the applicant is not a licensed foster parent and has adopted a child within three years preceding the current application and is applying to adopt another child, the department, the agency or an entity contracted by the department or a person designated by the court to conduct an investigation shall only provide an update report on any changes in circumstances that have occurred since the previous certification. If the applicant has adopted a child more than three years before the current application and is applying to adopt another child, the department, the agency or an entity contracted by the department or a person designated by the court to conduct an investigation may provide an updated report on any changes in circumstances that have occurred since the previous certification. The court shall certify the applicant as acceptable to adopt unless there are changes in circumstances that adversely affect the applicant's parenting ability. In making this determination, the court shall consider information from the prior certification. 8-105.01. Adoption; racial preferences; prohibition; exception A. Notwithstanding any law to the contrary, the division, an agency or the court shall not deny or delay a placement or an adoption certification based on the race, the color or the national origin of the adoptive parent or the child. B. This section does not apply to the placement or adoption of children pursuant to the Indian child welfare act (25 United States Code section 1901). 8-105.02. Adoption by foster parents; removal of child The division shall not remove a child from the child's foster parents for the sole reason that the foster parents have applied to adopt the child. 8-105.03. Adoption information from local community organizations The division shall establish and administer a child placement program that uses community organizations to inform communities about the adoption process and the need for adoptive homes. For purposes of this section, religiously affiliated organizations may qualify as community organizations provided that no state funding may be used for religious purposes. 8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers 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. 8-106.01. Putative fathers registry; claim of paternity; adoptive interest A. A person who is seeking paternity, who wants to receive notice of adoption proceedings and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the state registrar of vital statistics in the department of health services. The department of health services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the department of health services, the office of the clerk of the board of supervisors in each county, every hospital, every licensed child placement agency, the department of economic security, the department of child safety, sheriff's offices, jails, prisons, state department of corrections facilities and department of juvenile corrections facilities. B. The notice of a claim of paternity may be filed before the birth of the child but shall be filed within thirty days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the registrar of vital statistics of any change of his address. The department of health services shall maintain a confidential registry for this purpose. The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption. The department shall provide a certificate signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers listing all filings found or stating that no filing has been found pertaining to the father of the child in question. C. If the court determines the claimant is not the child's father it shall notify the department of health services and shall order the department to remove that person's name from the putative fathers registry. D. If the mother denies that the putative father filing the notice of a claim of paternity is the father, the department of health services shall notify the putative father of his responsibility to establish paternity. E. A putative father who does not file a notice of a claim of paternity as required under this section waives his right to be notified of any judicial hearing regarding the child's adoption and his consent to the adoption is not required, unless he proves, by clear and convincing evidence, both of the following: 1. It was not possible for him to file a notice of a claim of paternity within the period of time specified in subsection B of this section. 2. He filed a notice of a claim of paternity within thirty days after it became possible for him to file. F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to file. The fact that the putative father had sexual intercourse with the mother is deemed to be notice to the putative father of the pregnancy. G. When a certificate provided pursuant to subsection B of this section is received by the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption from the department that lists filings of a putative father or fathers, the putative father or fathers who filed timely notices of claims of paternity and who have not previously been served shall be served with the notice prescribed in section 8-106, subsection G. A putative father who fails to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days of completion of service of the notice prescribed in section 8-106 is barred from bringing or maintaining any action to assert any interest in the child. H. If in any adoption proceeding there is not a showing that a putative father has consented to the adoption or has waived his rights regarding the proposed adoption, the petitioner shall file with the court, before the court enters a final decree of adoption, a certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers and that no filing has been found pertaining to the father of the child in question. 8-107. Time and contents of consent A. All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two or more credible witnesses who are at least eighteen years of age and who subscribe their names in the presence of the person giving the consent or shall be acknowledged by the person giving consent before a notary public. B. A consent given before seventy-two hours after the birth of the child is invalid. C. The consent shall be dated, shall sufficiently identify and give the addresses of the party giving the consent and the name and address of the witness or witnesses and shall sufficiently identify the child to whose adoption the consent is given. D. The consent shall designate either of the following: 1. An agency or the division as authorized by the party giving the consent to place the child for adoption. 2. The particular person or persons authorized to adopt the child by the person giving the consent. E. The true names of the adopting person or persons shall be used, except that fictitious names may be used if the consent also truthfully states that the adopting person or persons are currently certified as acceptable to adopt the child, that the consenting party knows that the names used are fictitious and does not wish to know the true names and that the consenting party has been furnished with all information which the consenting party wishes to know about the adopting person or persons. F. The consent shall contain a statement which includes the following: 1. The consequences of the consent pursuant to section 8-117. 2. The irrevocability of the consent pursuant to section 8-106. 3. The prohibition of any direct or indirect compensation for the consent except as provided in section 8-114. G. A consent other than to any agency or the division which does not designate a particular person or persons, or which purports to permit a third person to locate or nominate an adoptive parent, is invalid. 8-108. Petition for child's custody by noncertified party; hearing; exceptions A. A person who is not currently certified as acceptable to adopt but who has custody of a child who the person intends to adopt shall petition the court for an order permitting that person to keep custody of the child pending certification. The person shall file the petition not later than five days after the person obtains custody of the child. The court shall hold a hearing within ten days after the person files the petition. The child shall attend the hearing, except for good cause shown. At the hearing the burden of proof is on the petitioner to show that permitting custody is in the child's best interests. The court may permit the petitioner to have custody or it may order that custody be given to some other person or agency as it deems to be in the child's best interests. If the court permits the person to continue to have custody of the child, the court shall order the investigation for preadoption certification and report as required by section 8-105 to continue. If an application for certification has not been filed before the hearing, the court shall order that an application for certification be filed within thirty days after the hearing date. B. If a petition is not filed by the person intending to adopt a child, the division, an agency or any other interested person may petition the court for such a hearing. On the filing of a petition the court shall set the matter for hearing and issue its order to the person having custody of the child to appear before it to show cause why custody should not be denied. The hearing shall then be held and the court's order made as provided in subsection A of this section. C. A custody petition or hearing is not required in any of the following cases: 1. If the person who intends to adopt the child is the spouse of a birth parent of the child. 2. If the person who intends to adopt the child or one of these persons is an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole or half-blood or by marriage. 3. If the person who intends to adopt the child is currently certified as acceptable to adopt the child. 4. If custody of the child has been given or is to be given to an agency or to the division or to a licensed or certified foster home. 5. If the person who intends to adopt the child is currently the court appointed guardian of the child. 8-109. Petition to adopt; contents 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. 8-110. Fictitious name for child A. The court may order, upon request of any interested party, that the child to be adopted shall be referred to by a fictitious name in all proceedings before the court, if such would be in the best interest of the child. B. If the court, by order, authorizes the use of a fictitious name, the real name of the child shall be kept in a sealed envelope in the court file and shall not be opened except on order of the court after good cause has been shown. 8-111. Notice of hearing on petition to adopt; service After a petition to adopt has been filed, the clerk of the superior court shall set a time and place for a hearing by the court. Notice shall be as provided for the service of process in civil actions to: 1. The petitioner. 2. The agency, if any. 3. The person or agency conducting the social study required by section 8-112. 4. Any person or agency required to give consent by section 8-106 unless consent with a waiver of notice of hearing has been filed before the hearing. 5. Any person who has initiated a paternity action pursuant to title 25, chapter 6, article 1. 8-112. Social studies; requirements A. The division, an agency or an officer of the court shall conduct and submit a social study to the court ten days before the hearing on the petition to adopt. Notwithstanding any other provisions of this section, the court may order an additional social study or waive the social study if it determines that this is in the child's best interests because of special circumstances. B. Except as provided in subsection D or E of this section, the social study shall include the following: 1. The social history, heritage and mental and physical condition of the child and the child's birth parents. 2. The child's current placement in the prospective adoptive parent's home and the child's adjustment to that home. 3. The prospective adoptive parent's suitability to adopt. 4. The existing and proposed arrangements regarding the child's custody. 5. Any financial arrangement concerning the proposed adoption made by the birth parents, the division, an agency, an attorney or the prospective adoptive parents. 6. A state and federal criminal records check of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent except a birth or legal parent with custody of the child. A valid fingerprint clearance card that is issued pursuant to section 41-1758.07 satisfies this requirement. The court may order an additional state and federal criminal records check for good cause. 7. A central registry records check, including any history of child welfare referrals, with the division of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent. 8. Any other information that is pertinent to the adoption proceedings. C. The social study conducted pursuant to subsection A of this section is part of the case file and shall contain a definite recommendation for or against the proposed adoption and the reasons for that recommendation. D. The social study conducted pursuant to subsection A of this section shall consist only of the results of the state and federal criminal records check and the central registry records check conducted pursuant to subsection B of this section if either of the following is true: 1. The prospective adoptive parent is the child's stepparent who has been legally married to the child's birth or legal parent for at least one year and the child has resided with the stepparent and parent for at least six months. 2. The prospective adoptive parent is the child's adult sibling, by the whole or half blood, or the child's aunt, uncle, grandparent or great-grandparent and the child has resided with the prospective adoptive parent for at least six months. E. If the child being considered for adoption has resided with the prospective adoptive parent for at least six months and the prospective adoptive parent either has adopted a child or was appointed the permanent guardian of the child within three years preceding the current application, or is a foster parent who is licensed by this state, the social study conducted pursuant to subsection A of this section may consist only of the following: 1. The results of the central registry records check conducted pursuant to subsection B of this section. 2. A review of any material changes in circumstances that have occurred since the previous adoption, permanent guardianship or license renewal that affect the prospective adoptive parent's ability to adopt the child or for the child to be placed in the prospective adoptive parent's home. F. The department shall complete any required social study within six months after receiving a completed application to adopt a child if all of the following apply to the child: 1. The child is free for adoption and is at least sixteen years of age. 2. The department has placed the child with a prospective adoptive parent. 3. The child consents to the adoption. 8-113. Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations A. A child who has been placed in a certified adoptive home by any agency or the division shall not be removed from the home except on order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in those cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents. B. This section does not prohibit prospective adoptive parents from voluntarily returning any child to the placing agency or the division or does not prevent the removal of a child pursuant to section 8-456 or 8-821. C. Pending the final adoption hearing, the child is subject to further investigation by the division, an officer of the court or an agency that is required to do the social study pursuant to section 8-105. D. The court shall hold the hearing on the petition: 1. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year. 2. Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year. 3. In all other cases, within six months after the filing of the petition for adoption. E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall file a notification of that fact with the petition to adopt. F. The court shall postpone a hearing scheduled to be held pursuant to subsection D of this section if the court has not received the results of the criminal records check at least forty-eight hours before the final hearing. The court shall reschedule the hearing within twenty-one days after receiving the results. G. The court or the petitioner may postpone the final hearing up to sixty days in order to give notice to any interested party or for other good cause. H. The court shall hold an expedited hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interests and that any of the following is true: 1. The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician. 2. A prospective adoptive parent, birth parent or legal parent is terminally ill, as diagnosed by a licensed physician. 3. The child is free for adoption, is at least sixteen years of age, consents to the adoption and has lived with the prospective adoptive parent for at least six months. 4. The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing. I. During the probationary period or any extension, prospective adoptive parents who have complied with this chapter have the following rights and responsibilities with respect to the child: 1. The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and a hearing. 2. The right to consent to necessary medical procedures for the child. 3. The right to consent to participation in social and athletic activities for the child. 4. The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division. 5. The right to refuse visitation between the child and a birth parent if that parent's rights have been terminated pending appeal unless the juvenile court orders visitation. 6. On request, the right to be notified by the agency or the division of and to participate in all meetings in which the division is making decisions relating to the child in the prospective adoptive home. 7. On request, the right to notification from the agency or the division of an appeal of the termination of the birth parent's parental rights. 8-114. Monies paid to or for parent; court approval; attorney fees; accounting; disallowance; exception A. The court may approve any monies paid to a parent of a child placed for adoption or another person for the benefit of the parent or adopted child for reasonable and necessary expenses incurred in connection with the adoption. These expenses may include costs for medical and hospital care and examinations for the mother and child, counseling fees, legal fees, agency fees, living expenses and any other costs the court finds reasonable and necessary. B. A person who wishes to pay the living expenses of a birth parent that exceed one thousand dollars shall file a motion with the court to permit that payment. On the filing of a petition the court shall hold a hearing within ten days, unless the hearing is waived for good cause shown. The court shall approve living expenses that the person has paid, unless found unreasonable. The person who wishes to pay the one thousand dollars in living expenses of a birth mother shall file an affidavit with the court signed by the birth mother verifying that the birth mother has been given written notice and that she understands that the payment of these expenses by any person does not obligate the birth mother to place the child for adoption and that a valid consent to the adoption can only be given after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. A maximum of one thousand dollars may be advanced for birth parent living expenses without a motion. In determining what living expenses are reasonable and necessary, the court shall consider but not be limited to the following factors: 1. The current standard of living of the birth parent. 2. The standard of living necessary to preserve the health and welfare of the birth parent and the unborn child. 3. The existence of alternative financial resources for the birth parent. C. Except as provided in subsection A, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption. D. An attorney may be paid for the attorney's services in connection with adoption, paternity and severance proceedings only the amount the court approves as being reasonable and necessary. E. Not fewer than ten days before a petition to adopt a child is heard, the prospective adoptive parent shall file with the court a verified accounting in the form specified by court rules of all fees, payments, disbursements or commitments of anything of value made or agreed to be made by the prospective adoptive parent or for the benefit of the prospective adoptive parent in connection with the adoption. The accounting shall include all living expenses, including living expenses advanced pursuant to subsection B for which a motion is not required, and shall be accompanied by an affidavit that is signed by the birth mother, either before or after the birth of the child, that verifies that she has been given written notice and that she understands that the payment of these expenses does not obligate her to place her child for adoption and that she may give a valid consent to the adoption only after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. This subsection does apply to an agency placement adoption or to a direct placement adoption made through an agency. F. The court shall allow, disallow or allow in part fees, payments, disbursements and commitments as shown in the accounting. G. If the court finds an accounting to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate. H. All adoption cases shall be reviewed by the juvenile court for reasonableness and necessity of expenses. I. This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child. 8-115. Hearing; procedure; record; evidence A. The court shall hold a hearing on a petition filed pursuant to this article in as informal a manner as the requirements of due process and fairness permit. The prospective adoptive parent, the spouse of a prospective adoptive parent and the child to be adopted shall attend unless the court orders otherwise. The court shall allow persons who have a direct interest in the case, including invited guests of the adoptive family, to attend the hearing. The attendees shall not disclose the content of testimony provided at the hearing. Nothing in this subsection restricts the ability for the juvenile court or clerk of the court to communicate relevant case information with the family court or clerk of the court. The court may require the presence of other witnesses as it deems necessary. B. The court shall make its findings based on a preponderance of the evidence. The court may consider any and all reports required by this article or ordered by the court pursuant to this article. 8-116. Court order; contents; form A. If, after the hearing and consideration of all the evidence, the court is satisfied that the requirements of this article have been met and that the adoption is in the best interests of the child, the court shall order the adoption. The order may change the name of the child to the name requested by the adoptive parent or parents in the petition to adopt. If the child being adopted is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. The written order of the court shall include the findings of fact on which it based its order, including the court's jurisdiction and the date and place of birth of the child being adopted based on the best available evidence. B. If the exact place of birth is unknown, the order shall include the information that is known and designate a place of birth according to the best information known as to the country of origin. C. If the exact date of birth is unknown, the order shall establish a date of birth based on the medical evidence as to the probable age of the child and other evidence the court considers appropriate. D. The order is conclusive and binding on all persons from the date of its entry subject to appeal as provided in section 8-235. E. The court shall provide the adoptive parent or parents with written notice of the sibling information exchange program established pursuant to section 8-543. 8-116.01. Agreements regarding communications A. The parties to a proceeding under this chapter may enter into an agreement regarding communication with a child adoptee, the adoptive parents and a birth parent. B. An agreement is not enforceable unless the agreement is in writing and is approved by the court. The court shall not approve an agreement unless the agreement is approved by the prospective adoptive parents, any birth parent with whom the agreement is being made and, if the child is in the custody of the division or an agency, a representative of the division or agency. C. An agreement entered into pursuant to this section shall state that the adoptive parent may terminate contact between the birth parent and the adoptive child at any time if the adoptive parent believes that this contact is not in the child's best interests. D. The court shall not approve the agreement unless the court finds that the communication between the child adoptee, the adoptive parents and a birth parent is in the child's best interests. The court may consider the wishes of a child who is at least twelve years of age. E. An agreement entered into pursuant to this section is enforceable even if it does not disclose the identity of the parties to the agreement. F. Failure to comply with an agreement that has been approved pursuant to this section is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights. G. The court retains jurisdiction after the decree of adoption is entered to hear motions brought to enforce or modify an order entered pursuant to this section. Before filing a motion, the party seeking to enforce or modify an order shall make a good faith attempt to mediate the dispute. The court shall not enforce or modify an order unless the party filing the motion has made a good faith attempt to mediate the dispute. H. The court may order a modification of an agreement approved pursuant to this section if it finds that the modification is necessary to serve the best interests of the child adoptee and one of the following is true: 1. The modification is agreed to by the adoptive parents. 2. Exceptional circumstances have arisen since the agreement was approved that justify modification of the agreement. I. The court may consider the wishes of a child who is at least twelve years of age in determining whether to order a modification pursuant to subsection H. J. Every agreement entered into pursuant to this section shall contain a clause stating that the parties agree to the continuing jurisdiction of the court to enforce and modify the agreement and that they understand that failure to comply with an agreement approved pursuant to this section is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights. 8-117. Rights under adoption order A. On entry of the decree of adoption, the relationship of parent and child and all the legal rights, privileges, duties, obligations and other legal consequences of the natural relationship of child and parent thereafter exist between the adopted child and the adoptive parent as though the child were born to the adoptive parent in lawful wedlock. The adopted child is entitled to inherit real and personal property from and through the adoptive parent and the adoptive parent is entitled to inherit real and personal property from and through the adopted child the same as though the child were born to the adoptive parent in lawful wedlock. B. On entry of the decree of adoption, the relationship of parent and child between the adopted child and the persons who were the child's parents before entry of the decree of adoption is completely severed and all the legal rights, privileges, duties, obligations and other legal consequences of the relationship cease to exist, including the right of inheritance. This subsection does not apply to communication rights established pursuant to section 8-116.01. C. If the adoption is by the spouse of the child's parent, the relationship of the child to that parent remains unchanged by the decree of adoption. 8-118. Petition withdrawal or denial; custody In any case in which the petition is withdrawn or denied the court shall order the removal of the child from the proposed adoptive home if the court finds that such removal is in the child's best interest. If such removal is ordered, the court shall vest temporary legal custody in an agency with power to remove the child and to plan for the child's welfare. The court shall fix responsibility for temporary child support. The court may make such other orders as it deems necessary to protect and further the best interests of the child. 8-119. Dismissal after death; exception In the event of the death of the petitioner, the petition for adoption shall be dismissed, except where there are two petitioners and one of the petitioners dies the proceeding shall continue unless withdrawn by the surviving petitioner. 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. 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, 8-134 or 36-340, or except for purposes allowed by order of the court, for any person to disclose, receive or make use of, or authorize, knowingly allow, 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. 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. 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. F. This section does not prohibit a person from notifying a birth parent of the death of a child that the birth parent has placed for adoption. 8-122. Financial hardship;