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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1236

 

adult adoption; stepchildren

Purpose

            An emergency measure that allows a person to adopt an adult stepchild regardless of whether the person is a current or previous stepchild.

Background

            Statute currently states that an adult person may adopt another consenting adult who is between 18 and 21 years old or any adult who is a stepchild, niece, nephew, cousin or grandchild of the person adopting. A foster parent may adopt an adult who has been placed in their care as a juvenile if the foster parent maintained a continuous familial relationship with that person for at least five years. A married person who is not legally separated from their spouse must have consent from their spouse to either adopt an adult person or be adopted, if the spouse is capable of giving consent.

            Upon petitioning for a decree of adoption, the superior court will hold a hearing for the person adopting and the adult being adopted in which the best interests of the parties and the public will be examined. The court will approve or deny the petition depending on if the court determines that the adoption will be in the best interest of the parties and the public (A.R.S. § 14-8101).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Allows a person to adopt an adult stepchild regardless of whether the adult is a current or previous stepchild.

2.      Makes technical changes.

3.      Becomes effective on signature of the Governor, if the emergency clause is enacted.

Prepared by Senate Research

February 4, 2020

JA/SH/kja