Ariz. Admin. Code § 21-5-412

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Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-5-412 - Consent to Adopt; Unknown Birth Parent

A. A person who obtains a birth parent's signature on a consent shall not do so until the person reasonably determines:

1. That the requirements of R21-5-411 have been met;

2. That the birth parent is not acting under duress;

3. That the birth parent is physically and mentally capable of exercising informed consent; and

4. That the birth parent has revealed all information known about the identity and location of the other birth parent.

B. No one shall advise a birth parent to falsely state that he or she does not know the identity or location of the other birth parent.

C. When a birth parent professes not to know the identity or location of the other birth parent, the person taking the consent shall explain the risks and consequences of this response, including the following:

1. Potential invalidation of the adoption;

2. Potential detriment to the child's social and physical well-being, due to lack of information concerning the unidentified birth parent's social and medical history; and

3. Potential penalties for perjury.

D. When a birth parent knows, but refuses to disclose, the identity or location of the other birth parent, the adoption entity shall advise the birth parent as provided in subsection (C) and shall also explain that the Court may refuse to finalize the adoption.

E. The adoption entity shall document all action taken in compliance with this Section.

F. The adoption entity shall give the birth parent a copy of the consent and retain a copy in the permanent adoption file.

G. The adoption entity shall request a search of the confidential putative fathers registry of information that the Arizona Department of Health Services maintains under A.R.S.§ 8-106.01 when:

1. A birth father's identity is unknown or undisclosed, and

2. The adoption entity believes that a search of the putative fathers registry may prevent disruption of a placement or an adoption.

Ariz. Admin. Code § R21-5-412

New section made by exempt rulemaking at 21 A.A.R. 3256, effective 1/24/2016.