ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: JUD DP 7-0-1-0 | 3rd Read DP 29-0-1-0

House: JUD DP 10-0-0-0

SB1323: third party rights; adopted child

Sponsor: Senator Shope, LD 8

House Engrossed

Overview

Stipulates that in a legal decision-making and parenting time determination, an adopted child may be treated as if born in lawful wedlock only if the child is adopted jointly by parents who are married to one another. 

History

An individual other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. An individual other than a legal parent may petition the superior court for visitation with a child. The superior court may grant the petition if finding the visitation is in the child's best interest and that the child was born out of wedlock and the child's legal parents are not married to each other (A.R.S. § 25-409).

Any adult resident of this state is eligible to qualify to adopt children (A.R.S. § 8-103). On entry of adoption, the relationship of parent and child thereafter exists between the adopted child and the adoptive parent, as though the child were born to the adopted parent in lawful wedlock. In addition, following entry of adoption, the relationship of parent and child between the adopted child and the child's parents before the entry is severed (A.R.S. § 8-117).

The Arizona Court of Appeals interprets statute relating to third party rights in a legal decision-making and parenting time determination, to award visitation to a non-parent if a child is born out of wedlock. A child's adoption changes their legal status to that of a child born in wedlock. (Sheets v. Mead, 238 Ariz. 55 (App. 2015)).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteSpecifies that in a legal decision-making and parenting time determination, an adopted child may be treated as if born in lawful wedlock only if the child is adopted jointly by parents who are married to one another. (Sec. 1)

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5.                     SB 1323

6.   Initials LC/DG       Page 0 House Engrossed

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