In Arizona, termination of parental rights is considered final and permanent—but there are a few limited circumstances where a parent may be able to seek reinstatement.
General Rule: Termination Is Final
Once your parental rights are severed, you no longer have:
- Legal custody or visitation rights
- The ability to make decisions for the child
- Any inheritance or support responsibilities (unless arrears exist)
The child becomes legally available for adoption, and the severance is typically permanent.
Exception: Reinstatement Under ARS § 8-539
Arizona law does allow for reinstatement of parental rights in certain dependency cases involving older youth. This can happen when:
- The child is age 12 or older
- The child has not been adopted
- The child or DCS requests reinstatement
- The court finds that reinstatement is in the child’s best interest
This statute is not designed for biological parents to reassert rights, but rather for older children to reconnect with birth parents if adoption doesn’t occur.
Can a Terminated Parent File to Reinstate Rights?
Currently, Arizona law does not allow a terminated parent to unilaterally file for reinstatement, even if they’ve rehabilitated. Reinstatement must be initiated by the child or DCS under very specific conditions.
Practical Considerations
If your rights have been terminated but the child remains in foster care or guardianship, speak to an attorney. There may be other legal pathways to restore contact, including:
- Post-termination contact agreements (rare)
- Guardianship with the consent of current caregivers
- Future adoption by a relative who supports contact
At Modern Law, we help families explore all options—before and after TPR. While reinstatement is rare, understanding the law helps you stay informed and empowered.
