Private adoption allows birth parents to place a child directly with adoptive parents, rather than working through a licensed agency. In Arizona, this process is governed by strict statutes that protect everyone involved while prioritizing the child’s best interests. As Phoenix private adoption attorneys, we represent adoptive parents and birth parents throughout Maricopa County, guiding each step from initial planning through court finalization. If you are considering a private adoption, working with counsel early helps ensure that consents are valid, timelines are followed, and the adoption can move forward without avoidable delays.
Private adoptions often move more quickly than agency adoptions and offer families greater flexibility, but they also require careful legal handling. At Cohen Family Law, we help clients understand their rights, meet Arizona’s legal requirements, and move through the process with clarity and confidence.
Why Choose Cohen Family Law
Choosing the right legal team matters when building a family through private adoption. Our approach is practical, supportive, and grounded in Arizona adoption law.
- We represent clients throughout Phoenix and Maricopa County
- We handle private adoption matters from initial placement through final decree
- We coordinate with home study providers, counselors, and opposing counsel
- We focus on clear timelines, valid consents, and court-ready filings
What Is a Private Adoption in Arizona?
A private adoption, sometimes called an independent adoption, involves a direct placement between birth parents and adoptive parents. Unlike agency adoptions, the parties typically connect through personal relationships, referrals, or, where permitted by law, licensed facilitators. Attorneys play a central role in these cases by preparing legal documents, advising each party, and ensuring the adoption complies with Arizona statutes.
Both sides must have independent legal representation. This protects the birth parents’ decision-making process and ensures the adoptive parents receive a legally secure placement.
Legal Requirements for Private Adoption
Arizona law sets specific requirements that must be met before a private adoption can be finalized. These safeguards are designed to protect the child and prevent disputes later.
Key legal requirements include:
- A completed home study for adoptive parents
- Separate adoption attorneys for birth parents and adoptive parents
- Required counseling for birth parents about their rights and options
- Proper execution and timing of consent documents
- Court approval and finalization
Skipping or mishandling any step can delay the process or place the adoption at risk.
Home Studies and Pre-Placement Approval
Before a child can be placed, adoptive parents must complete a home study conducted by a licensed professional. The home study evaluates factors such as background checks, financial stability, health, and readiness to adopt. We work with families to coordinate this process and address issues that arise so approval is not unnecessarily delayed.
In some situations, Arizona courts allow placement before final home study approval, but only under limited circumstances. Legal guidance is important when early placement is being considered.
Birth Parent Counseling and Legal Representation
Arizona requires that birth parents receive counseling about the legal and emotional aspects of adoption. This counseling helps ensure that consent is informed and voluntary. Birth parents must also have their own attorney, separate from the adoptive parents’ counsel.
We frequently coordinate with birth parent attorneys to ensure communication is respectful, timelines are followed, and all statutory requirements are met without pressure or confusion.
Consent Timing and Revocation Periods
Consent is one of the most sensitive parts of a private adoption. In Arizona, a birth mother cannot sign consent until after the child is born. The law also sets rules about when consent becomes final and whether it can be revoked.
Depending on how and where consent is signed, there may be a limited revocation period. In some cases, consent can be challenged only on narrow legal grounds once that period passes. We explain these timelines clearly so everyone understands when rights change and when placement becomes legally secure.
Court Finalization of a Private Adoption
The adoption is not complete until a judge issues a final decree of adoption. Before that hearing, the court reviews the home study, consents, counseling certifications, and all required filings. At the finalization hearing, the judge confirms that the adoption is in the child’s best interests and that all legal requirements have been met.
We prepare clients for this hearing, handle court filings, and address any questions raised by the judge so the process stays on track.
Talk With a Phoenix Private Adoption Attorney
Private adoption is a meaningful way to build a family, but it requires careful legal planning from the start. We help adoptive parents and birth parents understand their rights, meet Arizona’s requirements, and move forward with confidence. If you are considering a private adoption in Phoenix or Maricopa County, contact Cohen Family Law to schedule a confidential consultation and discuss your next steps.
Private Adoption FAQ
Can adoptive parents help with birth parent expenses?
Arizona allows certain pregnancy-related and adoption-related expenses to be paid, but they must be reasonable, documented, and disclosed to the court.
Does a private adoption take less time than an agency adoption?
It can, but timing depends on home study completion, consent requirements, and court scheduling rather than a fixed timeline.
Is the birth father’s consent required?
In many cases, yes. Whether consent is required depends on legal paternity, notice requirements, and the specific facts of the case.
