ARIZONA STATE SENATE
Phoenix, Arizona
adoption
Codifies
the notice to a potential father of a planned adoption, requires completion of
a paternity action if consent to adopt is withheld and deems sexual intercourse
as notice of pregnancy.
Arizona courts have been
struggling with consent to adopt issues, especially for children born out of
wedlock, since 1931. Although the child’s welfare is the primary consideration,
the constitutional rights of parents cannot be ignored. Laws 1994, Chapter 116 established the
putative fathers registry to provide a mechanism for an unwed father to claim
paternity and receive notice of adoption proceedings.
There are three categories
of fathers recognized in adoption statutes. A putative father is a person who is or claims to be the father of
the child but paternity has not been established. A potential father is a
person who is or could be the father of the child according to the mother of
the child but paternity has not been established. The legal father is the person who was married to the mother of the
child at the time of conception or at any time between conception and the birth
of the child, the person who has adopted the child or the person for whom
paternity has been established by law.
Notice of a planned adoption
is served on all potential fathers. The
notice contains the rights and responsibilities of a father in claiming or
disputing paternity as well as consenting to the adoption. Currently, the
Department of Economic Security, adoption agencies and adoption attorneys use
notices of their own design. The
proposed legislation codifies the notice for statewide consistency. Additionally, the bill bars a person from
asserting any interest in the child if a paternity action is not completed.
Currently, a person can prevent an adoption merely by filing a paternity
action, which the person may never complete.
Finally, the bill deems sexual intercourse with the mother as notice of
the pregnancy. Current statutes
excludes lack of knowledge of the pregnancy as an acceptable reason for not
filing a paternity claim.
There is no discernable
fiscal impact to the State.
1. Codifies the notice to a potential father of a planned adoption along with his rights and responsibilities.
2. Prohibits a potential father from asserting any interest in a child if the father fails to complete a paternity action, including withholding consent to adopt.
3. Deems sexual intercourse as notice of pregnancy to the putative father.
4. Makes technical and conforming changes.
5. Provides for a general effective date.
Amendments
Adopted by Committee
· Makes language consistent throughout the act.
Senate Action
FS 3/13/02 DPA 4-2-0
Prepared by Senate Staff
March 13, 2002