Legal Question in Family Law in Arizona

My partner and i are wanting to start a family. We would like to know if we are able to have the donor give up his rights as a parent? he will not be responsible for child support, or any parenting involved with this child. My partner and i will be the legal parent to the child. I will need to adopt the child, so that I can have he/she on my medical from work. Can we do this?


Asked on 12/19/14, 12:33 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

First of all, congrats on your desire to start a family! That is wonderful news! I'm guessing from what you are telling me that you are a same-sex couple. If that is the case, you would need to get married for the non-bio mom to adopt under stepparent rights. The donor most certainly would need to give up their rights to make this all work, but I would highly recommend going through a cryogenics bank. There are several around the country, and they have bulletproof contracts they make the sperm donors sign. Or you can have an open adoption if that is what you would prefer, or open when the child turns 18. Best of luck!

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Answered on 12/19/14, 12:45 pm
Michelle Scopellite Goldstein & Scopellite, PC

Yes, this can be done.

Short version...If you do not go to a legitimate donor center and know the donor or if you know the person outside of a donor center, then, yes, we would first need to file a Petition to Terminate Rights of the bio-father. The bio father will be appointed an attorney in the proceedings even if he wants to voluntarily terminate rights, as the court will look to the best interest of the child.

Some centers will assist in this part of the process by obtaining contracts that will prohibit them from objecting to termination.

if there is no known bio-father, then the procedure is different.

Once the proceedings to terminate rights are concluded, and rights are terminated, we would then file a Petition for Adoption. During this process there will of course be investigations and social studies performed. Once all requirements are completed, and if approved by the court, the court should grant the adoption.

Again, it can be done. It's just not a quick process.

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Goldstein & Scopellite, PC has qualified adoption attorneys, child custody Lawyers and family law attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

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Answered on 12/20/14, 10:58 pm


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