Arizona Laws 8-130. Consent to licensed agency or division; attorneys; affidavits
A. A consent to adoption of a child shall not be granted to an agency unless the agency is licensed to place children for adoption under this article. A consent may be granted to the division, which is exempt from licensure. An agency or the division may conduct both agency placement adoptions and direct placement adoptions. An agency placement adoption shall only be made by an agency or the division.
Terms Used In Arizona Laws 8-130
- adoption agency: means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm. See Arizona Laws 8-101
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency placement adoption: means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1. See Arizona Laws 8-101
- Child: means any person under eighteen years of age. See Arizona Laws 8-101
- court: means the juvenile division of the superior court. See Arizona Laws 8-101
- Direct placement adoption: means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2. See Arizona Laws 8-101
- Division: means the department of child safety. See Arizona Laws 8-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- Petitioner: includes both petitioners under a joint petition. See Arizona Laws 8-101
B. Except as provided in subsection C, a person shall not do any of the following unless the person is employed or engaged by and acting on behalf of a licensed adoption agency:
1. Solicit or accept employment or engagement, for compensation, by or on behalf of a parent or guardian for assistance in the placement of a child for adoption.
2. Solicit or accept employment or engagement, for compensation, by or on behalf of any person to locate or obtain a child for adoption.
C. An attorney licensed to practice law in this state may assist and participate in direct placement adoptions and may receive compensation to the extent the court finds reasonable under section 8-114 if the person granting consent to the adoption has made a choice of the specific adopting parent without prior involvement of the attorney or if the choice is made only from among persons currently certified by the court as acceptable to adopt children pursuant to section 8-105.
D. Before a petition to adopt is granted and as a condition of the entry of an order of adoption:
1. An attorney participating or assisting in a direct placement adoption shall file with the court an affidavit confirming that there has been, to the best of his knowledge and belief, compliance with subsection B of this section and with section 8-114, subsection B, section 8-129 and, if fictitious names have been used, section 8-107, subsection E.
2. An attorney representing petitioners in an agency placement adoption and the agency shall file with the court an affidavit confirming that there has been, to the best of the petitioner‘s, agency’s and attorney’s knowledge and belief, compliance with subsections A and B of this section and sections 8-114 and 8-129.