Governor Ducey is making a change in adoption practices at the Arizona Department of Child Safety to allow same sex couples to adopt children in Arizona.
“I have made it abundantly clear since day one that my administration is unambiguously and unapologetically pro-adoption. With 17,000 children under the state’s care, we need more adoption in Arizona, not less. That’s why I feel strongly – as I have said many times before – that all loving families should be able to serve as foster parents and adopt. I also have said my administration will follow the law. Practices have been brought to my attention that do not match those priorities, therefore, I’m instructing the Arizona Department of Child Safety to immediately ensure that all legally married couples in Arizona are able to jointly serve as foster parents and adopt. All children deserve a loving home, and under my watch, I’m committed to making sure government encourages that.”
The issue arose earlier this month when Maricopa County Attorney Bill Montgomery refused to provide adoption petition services to a same sex couple. See: Montgomery denies adoption help to 2 moms
Montgomery argued that under Arizona law:
“Prospective adoptive parents have no absolute right to adopt a child” Adams v. State, 185 Ariz. 440 (App. 1995), so Arizona adoption statutes should be strictly construed and are distinct from cases arguing a right to marry and recognition of marriages by same-sex couples.”
Federal district and circuit court rulings have not addressed adoption so as to require any change in the law prior to or in place of action by the Arizona legislature.
The requirement for County Attorneys to provide adoption petition services is unique in Arizona law in that it represents a legislative directive to provide legal services to an individual outside of the civil and criminal law duties and responsibilities otherwise set forth by statute. Accordingly, that directive is also strictly interpreted.
“This office has never provided adoption petition services in same-sex stepparent situations,” said Montgomery in a statement released at the time. “Whether we have provided adoption petition services to individuals who are homosexual is unknown since our office does not solicit that information when fulfilling our legal duties and responsibilities under Arizona law.”
“Should a federal court with jurisdiction issue a ruling or the Arizona legislature takes action addressing Arizona’s adoption statutes in these circumstances, we will adjust accordingly just as we did in providing advice on changes to benefits rules for same-sex couples in a legally recognized marriage. Until then, it is not my place as a state executive branch official to give greater import to a federal judicial action than what the ruling directly addressed and that supplants the role of a state legislature,” concluded Montgomery.