ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DP 9-0-0-0

HB 4042: termination; parent-child relationship; service

Sponsor: Representative Weninger, LD 13

Caucus & COW

Overview

Requires a potential father to serve the mother with a copy of a filed paternity action to prevent the automatic waiver of certain rights and allows failure to do so to be considered sufficient evidence to justify the termination of the parent-child relationship.

History

Statute instructs that the court must not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from both the child's mother and the child's father. In situations where the child's father is not certain, the court is required to serve notice to all potential fathers with information including: 1) that adoption is planned; 2) the potential father's right to consent or withhold consent to the adoption; 3) the potential father's right to file a paternity action; and 4) that the potential father's failure to file a paternity action and to serve the mother within 30 days of the notice being sent, bars the potential father from bringing or maintaining any action to assert any interest in the child (A.R.S. § 8-106).

The court may terminate a parent-child relationship under certain conditions, including:

1. if the parent has abandoned, neglected or willfully abused the child;

2. if the parent is unable to discharge parental duties due to mental illness, mental deficiency or a history of chronic abuse of dangerous drugs;

3. if the parents have relinquished their rights to a child to an agency or have consented to an adoption; or

4. if the potential father failed to file a paternity action within 30 days after notice has been served by the court that adoption proceedings have begun (A.R.S. § 8-533).

The court may also waive the right for the potential father to be notified of any termination of parental rights or any hearing relating to termination if, after a notice has been sent, the potential father fails to file a paternity action within 30 days (A.R.S. § 8-535).

Provisions

1. Stipulates that the court may consider it sufficient evidence to justify the termination of the parent-child relationship if the potential father files a paternity action but fails to serve the mother with a copy of the action within 30 days. (Sec. 1)

2. Expands the conditions under which a potential father automatically waives notice regarding termination of parental rights to include when, after receiving notice that adoption proceedings have begun, he files a paternity action but fails to serve the mother within 30 days. (Sec. 1)

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6. Initials NM/NP HB 4042

7. 2/18/2026 Page 0 Caucus & COW

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