Gay marriage legal in arizona
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In October 2014, federal court decisions in cases like Connolly v. Couples should look into the requirements for the county in which they reside for specific guidelines. This evolution reflects broader societal changes and judicial interpretations of constitutional protections.
Current Legal Status of Same-Sex Marriage in Arizona
Same-sex marriage is unequivocally legal in Arizona.
Jeanes and Majors v. Understanding the current legal framework for marriage is important for individuals navigating their rights and responsibilities. Marriage for those under 16 years of age is prohibited. Rideout Law Group’s guide to marriage licenses in each Arizona county can be found here.
Rideout Law Group handles cases throughout the entire state of Arizona, with offices located in Scottsdale and Lake Havasu City.
However, LGBT couples must be married to adopt a child together since second-parent adoptions are not recognized in Arizona.
Here are the adoption processes that are available to same-sex couples in Arizona.
Joint Adoptions for Married Couples
If you are in a gay marriage in Arizona, you and your spouse can go through the same adoption process that other married couples do to adopt a child together.
These rights encompass various aspects of life, including inheritance rights, tax benefits, and healthcare decision-making. Applicants must present valid government-issued photo identification, such as a driver’s license or passport, to confirm identity and age. Hodges (2015).
If the child was not adopted by your spouse but was instead conceived and birthed naturally, you will need to have the child’s other parent’s parental rights severed.
There is a very specific process for terminating a parent’s rights before a step-parent adoption may occur. Some adoption professionals refuse to work with same-sex couples.
At the Law Office of Daniel Hutto, we are happy to help LGBTQ married couples as they go through the adoption process to build their families.
Stepparent Adoptions for Same-Sex Couples
If you have married someone who already had a child, you can become a legal parent of the child through stepparent adoption.
Same-sex Parent Adoption / Gay Adoption
There are several ways that you can build your family through a same-sex parent adoption in Arizona. For a free consultation, call 480-584-3328.
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The fee for a marriage license is typically $98.00, payable by cash, money order, debit card, or credit card, though specific payment methods may vary by county.Procedural Action
Once the application is submitted and the fee is paid, the marriage license is issued on the same day.
Before the nationwide ruling, Arizona had statutory and constitutional bans on same-sex marriage, enacted in 1996 and 2008. Arizona’s marriage laws, found in Arizona Revised Statutes Title 25, apply equally to all married couples. You will need to be married for a minimum of one year and have lived with the child for a minimum of six months to avoid a social study during the adoption process.
Adopting a Child as a Single Person or as an Unmarried Couple
Unmarried couples in Arizona cannot jointly adopt a child.
This legal status was established in October 2014 when a federal court declared the state’s prohibitions against same-sex marriage unconstitutional, and Arizona chose not to appeal the decision.