One of the most sensitive questions in any adoption process is: What rights do birth parents have? The answer varies depending on timing, consent, and the nature of the adoption.
Consent to Adoption
In Arizona, birth parents must wait at least 72 hours after the child is born before signing a consent to adoption. Once signed and properly notarized, the consent becomes irrevocable—except under specific legal circumstances (e.g., fraud, coercion).
What If the Birth Parent Doesn’t Consent?
- The court may terminate parental rights if there’s abandonment, unfitness, or failure to support.
- Legal fathers who were not notified may still contest the adoption if they act promptly.
- Unmarried fathers should register with the Arizona Putative Father Registry to preserve their rights.
Post-Adoption Contact Agreements
In open adoptions, birth parents and adoptive parents may create a legally binding agreement that outlines:
- Scheduled communication
- Photo and letter updates
- In-person visits (when appropriate)
While these agreements are enforceable in Arizona, the court always prioritizes the best interest of the child.
Finding the Right Balance
Adoptive families may worry that birth parents’ rights could create instability—but that’s rarely the case when handled properly. At Modern Law, we help create clear, secure agreements that honor everyone’s role while protecting the permanency of the adoption.
