Yes, there is no requirement that the parents be legal residents as long as the baby was born in the United States. If the baby was not born in the United States, international adoption procedures would have to be completed not just Arizona’s procedures.
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What rights do birth grandparents have in their child’s decision to place a child for adoption?
In Arizona, grandparents have no legal rights regarding their child’s voluntary decision to place a child for adoption. If the grandparents want to adopt the baby, the birth parents (whether minor or adult) must agree. The mother is required only to notify the father of the baby if she is planning an adoption. If ICWA applies, the Indian Nation must also be notified, by the person/agency facilitating the adoption, and birth grandparents do have rights under the placement preference guidelines.
Does the father of the baby have to be notified of the birth and the mother’s adoption plan?
Yes, the mother is required to identify all potential fathers before an adoption can proceed. If she is married, the husband is notified that he has the same rights as the mother. If the father is not her husband the notice explains what he must do in order to have rights in the adoption decision.