The Potential Father Notice is handed to any potential father who lives in Arizona, or it is sent certified mail if he lives out of state. The notice informs him he has been identified as a possible father of the child and outlines his rights and responsibilities. It states he may support the adoption plan, withhold support for the adoption plan and he may also seek custody of the child. In order to have any rights regarding the adoption, he has thirty (30) days from the time he is served notice to complete a paternity action and serve notice to the mother that he has done so. After that time period he cannot come back to claim interest in the baby, unless he can show he was unable to respond within 30 days. When this time has elapsed, and he has not established paternity, the adoption may proceed without his consent.

If the mother is married, her husband is considered the legal father even if he is not the biological father. He must consent to the adoption or his rights must be terminated in court UNLESS his paternity is excluded or another man’s paternity is established.

The Potential Father Notice may be served by publication (i.e. published in the newspaper) but only after diligent efforts to locate him have been made to serve him in person. A diligent effort means actively trying to find the father by following up on all leads. The notice, including his name and the mother’s, is published once a week for four consecutive weeks. His thirty days within which he must complete a paternity action starts after the fourth and last publication. If the mother does not know the father’s name then the publication names him as John Doe.