Chapter 5 : Section 2

Adoption Consent

Procedures

Procedures

Considering Adoption Consent

Prior to accepting a consent to adopt from a birth or legal parent, notify the parent’s attorney or GAL.

Consider these factors in determining whether to seek or accept voluntary consent for adoption:

• availability of the parent;

• willingness of the parent to consent to the adoption; and

• mental competence of the parent.

When considering mental competence, assess whether the following is alleged or present:

• impairment to the parent’s intellectual or verbal capacity;

• substance abuse or addiction;

• significant emotional, psychological or behavioral problems; or

• confusion.

Consult with your supervisor, the Assistant Attorney General (AAG), and the parent’s attorney before accepting a consent when the parent’s mental competency is in question.

Prior to discussing a consent to adopt from a birth or legal parent, notify the parent’s attorney. If a parent’s attorney or GAL objects, do not proceed with discussions about consent to adopt.

Use the following forms if, after providing written and verbal information, a mentally competent parent wishes to consent to the adoption of the child:

• Consent to Place a Child for Adoption, CSO-1040A;

• Birth Parent's Release of Identifying Information, CSO-1042A; and

• Affidavit of Potential Fathers, CSO-1145A.

Inform a mother consenting to adoption that:

• being untruthful, incomplete or inaccurate on the Affidavit of Potential Fathers, is a class 6 felony;

• all legal and potential fathers named will be served, informed of their rights and responsibilities, and will have 30 days to initiate paternity proceedings;

• she may write a letter to the court asking for her address to be omitted from the affidavit if there is concern for her safety;

• state law permits communication between the child, birth parents and adoptive parents after finalization of the adoption. See Communication Agreements.

If there is reason to believe that the child is American Indian or has any American Indian ancestry, follow procedures for obtaining Adoption Consent for an Indian Child.

For a parent who lives in another state or county:

• Send a written request to the appropriate jurisdiction asking them to provide verbal and written information about consents to the consenting parent and accept the written consent.

• Send a packet with the following forms and instructions to the child welfare office or state social service agency:

  • Consent to Place a Child for Adoption, CSO-1040A (two forms);

  • Birth Parent's Release of Identifying Information, CSO-1042A; and

  • Affidavit of Potential Fathers, CSO-1145A (three forms)

Documentation

Consent to Place a Child for Adoption:

• Have the parent sign two originals. Each must be witnessed by two people over age 18 and notarized.

  • Use one original to accompany a severance petition to court, if needed; and

  • Use one original to accompany an adoption petition to court.

• Make four copies of the Consent to Place a Child for Adoption, CSO-1040A.

  • Keep two copies in the child's hard copy record, and give one to the parent(s).

  • If the child is in another county or state, send one copy for their record; otherwise, place the additional copy in the hard copy record.

• Add as an Artifact to the person record for each parent that signed, as well as the appropriate adoption case record in Guardian.

Birth Parent's Release of Identifying Information:

• Place the form in the child's record until the agency consents are processed or it is determined the adoptive placement will be finalized.

• Once a determination is made that the adoptive placement with be finalized, forward the form to the adoptions DCS Specialist to place in the child's adoption case record.

• Add as an Artifact to the child’s person record, as well as the appropriate adoption case record in Guardian.

Affidavit of Potential Fathers: The parent(s) must sign three originals and have them notarized. Make four copies and distribute the originals and copies as follows:

• Send one original to the Attorney General's Office with the letter requesting omission of the mother's address, if applicable.

• Send one original to the Putative Father's Registry (c/o Department of Health Services, Vital Records, P. O. Box 3887, Phoenix, AZ 85030.

• Keep one original in the child's record to accompany a termination of parental rights petition or motion to court, if requested by the Assistant Attorney General.

• Keep one copy in the child's record to accompany the adoption petition to court.

• If the child is placed in another county or state, send one copy to the DCS Specialist in the county providing courtesy supervision, or the out-of-state case manager; otherwise, place in the hard copy record.

• Keep one copy permanently in the child's case record.

• Give one copy to the birth mother.

• Add as an Artifact to the person record for each parent that signed, as well as the appropriate adoption case record in Guardian.

Effective Date: February 1, 2021

Revision History: November 30, 2012, December 10, 2015, July 2, 2018