In Arizona, since you have been married to your husband for over 1 year, you can petition the Juvenile Court for a step-parent adoption. First you would have to terminate the parental rights of the 2 known men plus John Doe (since there is no father on your daughter's birth certificate). This would be done by filing a Petition to Terminate the Parent-Child Relationship between your daughter, the 2 named men, and john doe. If you don't know where the 2 named men are, you will need to show the judge that you made diligent attempts to locate them to give them notice that you are terminating their rights. Then you will need to publish the hearing date on your petition in the paper (this will need to be done regardless, since there is a John Doe involved). Once the publication is complete, then you would take that notice to the judge on your hearing date and he would terminate the parental rights of the 2 fathers and John Doe. In the event that you were able to locate one or both of the named fathers, then you would need to serve them directly with the Petition for Termination. The fathers then have the right to contest the termination of their rights, but they have to show up in court to do so. If they fail to appear, then you can proceed by "default" and the judge will terminate their parental rights that day.
Once the parental rights are terminated, then you would file a Petition to have your husband adopt your daughter. At an adoption hearing, the judge will finalize the adoption and your child will be issued a new birth certificate (in about 90 days, you would have to request it) showing her "father" is your husband.
There are two home studies that are required as apart of this process. Once is a severance social study that would recommend that it is in your daughter's best interest to have her parental rights terminated to her biological father. The second is the adoptive home study. That will recommend the adoption proceed. The social study for the severance can be waived, but the adoption home study cannot be waived. This is an additional expense beyond any attorney's fees that you may expend to ensure the proper paperwork is filed.
*The answer presented is for informational purposes only and
does not create and attorney-client relationship between the question presenter
and Laura B. Monte, Esq. or Donaldson Stewart, P.C.*
*Laura B. Monte, Esq. is licensed to practice only in the
State of Arizona. Any answers presented are based solely on Arizona state law and
case law.*
Answered on May 16th, 2012 at 1:32 PM