Adult Adoption in Arizona: Consent, Process, and Costs

Adult adoption in Arizona is a court process, governed by A.R.S. 14-8101, that creates a legal parent-child relationship between two adults. It isn’t open to any pair of consenting adults. The adoptee has to fit one of three categories, both parties sign a written adoption agreement, and a superior court judge decides whether the adoption serves everyone’s best interests after a court investigator files a report.¹

Who Can Be Adopted

Arizona recognizes three paths, and if your situation doesn’t fit one of them, the statute doesn’t apply.

An adult between 18 and 21 who consents. No prior family relationship is required.
A current or former stepchild, niece, nephew, cousin, or grandchild of the adopting person. There is no upper age limit for this path.
A former foster child, where the foster parent kept an ongoing familial relationship with the person for at least five years after the juvenile placement.¹

A close friend, romantic partner, or unrelated adult over 21 cannot be adopted under this statute, however strong the bond.

Who Has to Consent

The adoptee must consent. No agency has to sign off, and the adoptee’s biological parents have no say. The statute is explicit that neither the natural parents nor any other person besides the parties and their spouses is required to consent.¹

Spouses are the exception. If the adopting person is married and not legally separated, their spouse must consent, assuming the spouse is capable of doing so. The same is true in reverse: a married adoptee who is not legally separated needs consent from their own spouse. The reason is practical. Adoption creates a parent-child relationship that reaches into both households, including inheritance.¹

The Written Adoption Agreement

Before anything goes to court, the adopting person and the adoptee sign a written adoption agreement stating that both agree to take on the legal relationship of parent and child, with all the rights and duties that come with it. That agreement becomes the foundation of the court’s decree if the adoption is approved, so it needs to reflect what both people are actually committing to.¹

Filing the Petition

The adopter and adoptee file a joint petition for a decree of adoption in the superior court of the county where either party lives. The signed adoption agreement and any required spousal consents go in with it.¹

The petition must include:

The length and nature of the relationship between the parties.
The degree of kinship, if any (stepchild, niece, cousin, and so on).
The reasons the adoption is being sought, with a statement about why it serves the best interests of the parties and the public.
The names and addresses of any living parents or adult children of the adoptee.
Whether the adopting person or their spouse has previously adopted another adult, including the name, date, and place of that adoption.

That last item is easy to overlook. Serial adult adoptions draw closer scrutiny, and the court expects them disclosed up front.²

The Investigation and Hearing

Once the petition is filed, the case goes to a division of the superior court and a hearing is scheduled. Before the hearing, a court-designated investigator gathers information about the welfare and best interests of the parties through observation and investigation, then files a written report with the judge. The report gives the court a view of the situation independent of what the parties put on paper.¹

Both the adopter and the adoptee are expected to appear in person. The court may direct that notice be served on other interested people, and anyone with a stake in the outcome can appear and object.¹

At the hearing, the judge examines the parties and asks whether the adoption serves both the parties’ best interests and the public interest. The court has broad discretion. It isn’t bound by the formal rules of evidence and can order more investigation if the initial report leaves questions open. If the judge is satisfied, the court approves the agreement and issues a decree declaring the adoptee to be the legal child of the adopting person. If not, the petition is denied.²

What Changes After the Decree

Once the decree is issued, the adoptee is the legal child of the adopting person, with all corresponding rights and duties.¹

Inheritance is where this shows up most concretely. The adoptee gains the same inheritance rights as a biological child. If the adoptive parent dies without a will, the adopted adult inherits under Arizona’s intestate succession rules the way a natural-born child would. The relationship with biological parents is generally severed for inheritance purposes, so an adult adoptee who still expected to inherit from biological parents may lose that right. Existing biological or adopted children of the adoptive parent also gain a new legal sibling who shares in any intestate estate.

Birth Certificate

After the adoption is finalized, the court sends an adoption certificate or order to Arizona’s state registrar, and the registrar amends the adoptee’s birth certificate to reflect the adoptive parent’s name. The original is sealed and can only be accessed through a court order or specific statutory exceptions.³

Name Change

Adult adoption does not automatically change the adoptee’s name. Taking the adoptive parent’s surname usually requires a separate name change proceeding in the Arizona courts. After that, you’ll need to update the Social Security card, driver’s license, passport, and other identification.

What Adult Adoption Doesn’t Get You

Some benefits people associate with adopting a child don’t carry over. The federal adoption tax credit does not apply to adult adoptions: the IRS defines a “qualified child” for the credit as someone under 18 or physically or mentally incapable of self-care, so a healthy adult adoptee between 18 and 21 will not qualify.⁴

Ordinary financial support follows regular gift tax rules. In 2026, you can give up to $19,000 per recipient per year without triggering gift tax reporting, and married couples electing gift splitting can give up to $38,000. Payments made directly to a school for tuition or to a medical provider for care don’t count toward that limit at all.⁵

Social Security survivor benefits generally aren’t available either. Those are limited to children under 18 (under 19 if still in secondary school) and adult children with disabilities that began before age 22.⁶

What It Costs

Filing fees vary by county. In Maricopa County, the filing fee for an adult adoption petition is $140.⁷ Check with your local clerk before filing. Add costs for notarizing the consent forms and adoption agreement, certified copies of the decree, and the amended birth certificate. If you hire an attorney, that will be the largest line item, though many people handle adult adoptions without one because the process is more straightforward than child adoption.

1
Arizona Legislature. Arizona Revised Statutes Title 14 Section 14-8101 – Adult Adoption; Agreement; Consent of Spouse; Court Procedure; Petition
2
Arizona Legislature. Arizona Code 14-8101 – Adult Adoption; Agreement; Consent of Spouse; Court Procedure; Petition
3
Arizona Legislature. Arizona Revised Statutes Title 36 Section 36-337
4
Internal Revenue Service. Adoption Credit
5
Internal Revenue Service. Frequently Asked Questions on Gift Taxes
6
Social Security Administration. Benefits for Children
7
Maricopa County Clerk of Superior Court. Filing Fees