One of the biggest hurdles in stepparent adoption is obtaining consent from the other biological parent. What happens if they refuse—or can’t be located? In Arizona, you can still move forward, but it requires an extra legal step: termination of parental rights (TPR).
When Is Consent Not Required?
Consent may be waived or terminated if:
- The other parent has abandoned the child (no contact or support for 6+ months)
- They are incapable of parenting due to substance abuse, incarceration, or mental illness
- Their parental rights were previously terminated
- The parent cannot be located after a diligent search
Arizona law requires that the court find both:
- A statutory ground for termination (ARS § 8-533)
- That termination is in the best interests of the child
How Termination Works in a Stepparent Adoption
If the other parent won’t consent, your attorney will:
- File a Petition to Terminate Parental Rights
- Notify the other parent (through formal service or publication)
- Present evidence of abandonment or unfitness
- Schedule a hearing for the judge to determine whether TPR is appropriate
If termination is granted, the adoption process can proceed as if consent had been given.
What If the Other Parent Contests?
A contested stepparent adoption can become a full court proceeding. The judge will weigh:
- The child’s bond with the stepparent
- The objecting parent’s involvement
- Any history of abuse, neglect, or absence
Even in contested cases, courts are often willing to support adoption if it clearly serves the child’s long-term emotional and physical well-being.
At Modern Law, we know how to build strong, fact-based cases for TPR and adoption—and we’ll help you prepare for every possibility.
