 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
termination; parent-child relationship; service
Purpose
Modifies certain criteria for evidence to be considered sufficient to justify the termination of a parent-child relationship by specifying that a potential father must fail to serve the mother with a copy of a filed paternity action in addition to failing to file a paternity action within 30 days after service of notice that the person is a potential father.
Background
The court may not grant the adoption of a child unless consent to adopt has been obtained and filed with the court from outlined parties. It is not necessary for the court to obtain consent for a child's adoption from a parent whose parental rights have been terminated by court order. The mother must also file a notarized affidavit listing all potential fathers with the court. A notice must be served to each potential father outlining: 1) that the adoption is planned; 2) the potential father's responsibility to initiate paternity proceedings and serve the mother within 30 days; and 3) that the potential father's failure to file a paternity action, serve the mother with a copy of the action and proceed to judgment in the action bars the potential father from bringing or maintaining any action to assert any interest in the child. A potential father who fails to file a paternity action within 30 days after the notice is served, and who does not serve the mother within 30 days after completion of service, waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required (A.R.S. § 8-106).
Any person or agency that has a legitimate interest in the welfare of a child may file a petition for the termination of the parent-child relationship. Statute outlines grounds that serve as sufficient evidence to justify the termination of the parent-child relationship, including evidence that: 1) the parent has abandoned the child; 2) the parent has neglected or willfully abused the child; 3) the parent is unable to discharge parental responsibilities due to mental deficiency or chronic abuse of dangerous drugs, alcohol or controlled substances; 4) the identity of the parent is unknown and continues to be unknown; and 5) the potential father failed to file a paternity action within 30 days after service of notice that the person is a potential father. For an initial hearing on the termination of a parent-child relationship, a potential father who fails to file a paternity action, within 30 days after service of notice that the person is a potential father, waives his right to be notified regarding the termination of parental rights and his consent to the termination of parental rights is not required (A.R.S. § 8-533).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that, in order for a potential father's failure to file a paternity action to qualify as sufficient evidence to justify the termination of a parent-child relationship, the potential father must also fail to serve the mother with a copy of the paternity action within the 30-day timeframe.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/18/26 DP 9-0-0-0
3rd Read 2/26/26 52-2-6
Prepared by Senate Research
March 12, 2026
AN/ci