Adult adoption in Arizona can offer options for families to be closer together and provide essential financial and legal support. However, there are limitations to who can be adopted as an adult, and there are several costs to consider. Adult adoption has petition and investigation fees, other potential court fees, and attorney fees. Understanding the state’s laws and fees is important if you are considering adopting an adult family member.
When Can an Adult Be Adopted in Arizona?
In fiscal year 2025, there were 347 filings for adult adoptions in Arizona Superior Courts, 202 of which were in Maricopa County Superior Courts. There were 356 adult adoption filings in 2024, and 262 in 2023. Not all adults can be adopted, however. In Arizona, one adult may adopt another adult if the following conditions are met:
- The adult to be adopted must be at least 18 years old, but not older than 21, or must be a current or former stepchild, a niece/nephew, a cousin, or a grandchild of the adopting person.
- Foster parents may adopt an adult who was placed in their care when the adult was a juvenile, so long as the foster parent has maintained a continuous family relationship with the person for 5 years, including ongoing contact and support.
- Both adults must agree on the adoption.
Because of the limited window for adult adoptions when parties are not related, it is important to act quickly. There are 7.15 million people living in Arizona and 4.42 million in Maricopa County. Nearly 21% of the people living in Arizona are under the age of 18, 6.6% are 15 to 19 years old, and 6.7% are 20 to 25. There are several benefits to adopting an adult, but you have to meet this deadline.
The Adoption Agreement and Legal Requirements
The agreement by both adults for the adoption must be in writing. By state law, the agreement must contain certain information, including stating that the adults agree to the legal relationship of parent and child. This includes having all of the rights and responsibilities of that legal relationship.
There may be other legal requirements, which is where an attorney can come in handy. They can help assess whether you and the other party meet the requirements and help you file the petition correctly.
Consent of Other Parties for Adult Adoption
There may be other individuals who must consent to the adoption. If the adopting adult has a spouse, then that spouse must give consent to the adoption. In many cases, the adopting adult’s spouse also wants to adopt, and both will be co-adopters in the case. If the adult to be adopted has a spouse, then that spouse must also give consent to the adoption.
If the adult to be adopted has a child with someone who is not their spouse, then notice of the adoption may need to be provided to the child’s other parent.
However, the consent of the natural parents of the adult being adopted is not needed for the adoption to be approved by the court.
The Costs of Adult Adoption in Maricopa County
Unlike the adoption of a minor, which has limited costs in Maricopa County, adult adoption has higher costs. Some important fees include:
- The adult adoption petition, which is $140
- An adult adoption investigation, which is $140
- Obtaining a certified copy of the adoption decree, which is $35
You should also consider the costs of an attorney. When you hire an adoption lawyer, they can help you complete adoption forms correctly and secure the required consent. The costs of an attorney range significantly, depending on the complexity of the adoption case and the attorney you work with. A more experienced and qualified attorney likely has higher fees, but can also give you more effective and knowledgeable legal advice.
Which Courts Handle Adult Adoptions in Arizona?
Adult adoptions are not handled by juvenile courts like adoptions of minors, but by the probate court. This is because adult adoptions are a Title 14 statute and do not involve juveniles. Cases are filed in the county where either the adopting adult or the adult who is being adopted lives. In Maricopa County, Arizona the probate division can be found in the Central Court Building on 201 W. Jefferson Street in Phoenix.
The Process of Adult Adoption
Once the adults are ready to move forward with the adoption, the court process is relatively simple, but it requires very specific steps. These steps include:
- Filing the petition. A petition for adoption must be filed and include specific information supporting the adoption, including the agreement for the adoption. Some additional documents will also need to be filed with the court, such as birth and/or marriage certificates.
- Notice of the hearing. After filing the petition, the court will set an adoption hearing date. If necessary, notice of the hearing date must be provided to interested persons (such as spouses of the adults involved).
- Home study investigation. A court investigator must complete an investigation to make sure the adoption is in the best interests of the parties and the public.
- The adoption hearing. Assuming all necessary documents have been filed and the investigation has been completed beforehand, the adoption hearing is a joyful event. The parties will need to be at the adoption hearing in person and provide some basic testimony to confirm agreement to the adoption.
- Degree of adoption. The court will then grant the adoption and enter a decree of adoption, at which point the parties involved now have the legal relationship of parent/child as if the “child” were the natural child of the parent(s).
After the adoption is over, it is very important to get a certified copy of the decree of adoption, as this will be needed to secure a new birth certificate and other documents. A certified copy can be obtained immediately after the adoption hearing and costs approximately $35.00 (in Maricopa County).
FAQs
How Much Is It to Be Adopted as an Adult in Arizona?
To adopt an adult in Arizona in Maricopa County, the costs are at least $140.00 for the Maricopa County petition fee. The court may also order a further investigation of the potential adoptive person, which requires a $140 adult adoption investigation fee. There is also a $35 fee for a certified copy of the adoption decree. You also want to consider attorney’s fees, which can range significantly. There might also be other court fees.
What Disqualifies You From Adopting an Adult in Arizona?
You can be disqualified from adopting an adult in Arizona if you do not have a familial relationship with an adult over 21, or if the adult does not want to be adopted. You may also be disqualified if you have a spouse who does not consent to the adoption. There will also be observations and investigations regarding the best interests of all parties, and this information is used by the court to determine whether to grant the adoption.
What Is the Age Limit for Adult Adoption in Arizona?
The age limit for adult adoption in Arizona is 21, but only if the adult is unrelated to the adopting person. Adult adoptions also apply to those older than 21 when certain family members wish to adopt them. If an adult is too old to be adopted, there are ways to use estate planning to provide certain rights of inheritance to those you choose. An attorney can review these options based on your and your loved one’s wishes.
What Are the Benefits of Adult Adoption?
There are several benefits of adult adoption, including bringing families close together and giving the adopted person a greater support network. There are also important financial benefits, including ensuring the child has the right to inherit from the person who adopted them, providing health insurance benefits, and providing Social Security benefits and other public benefits. It can also give the adopting person certain parental rights, like the right to visitation.
Hire an Adoption Lawyer at Ellsworth Family Law, P.C.
At Ellsworth Family Law, P.C., we have worked in family law for over 20 years. We offer compassionate and supportive family law care for individuals and families in Mesa, Paradise Valley, Scottsdale, Chandler, and many other communities throughout Maricopa County. We know how to navigate local courts, including the probate court located in Phoenix.
When you want to navigate adult adoption or any other family law case, our firm can help. We understand how important adult adoption is for you and your family. It can offer important emotional connections on top of financial benefits. When you aren’t sure how to navigate the process of securing an adult adoption, we offer your guidance and support. We are happy to help you bring your family closer together.
Our exceptional team includes three family law attorneys, two legal paraprofessionals, and four paralegals. Two of our attorneys, Steve M. Ellsworth and Glenn D. Halterman, are Certified Family Law Specialists. F. Taylor Larson has handled many high-profile family law cases. We can help you advocate for your future by securing the adult adoption with that important person in your life.
If you have any questions about an adult adoption in Arizona, please contact our firm. We can answer your concerns and help you prepare the information that you need.
