Arizona Supreme Court: Case No. CV-24-0114-PR Filed February 7, 2025
In re Termination of Parental Rights as to M.N.
Key Legal Issues:
- Whether a potential father served with notice under A.R.S. § 8-106(G) is required to file a notice of claim of paternity with the putative fathers registry under A.R.S. § 8-106.01.
- The distinction between potential fathers and putative fathers in Arizona adoption proceedings.
Resulting Opinion of Key Legal Issues:
- The court held that a potential father served with a § 8-106 notice is not required to file a notice of claim of paternity with the putative fathers registry under § 8-106.01.
- The court clarified that “putative” and “potential” fathers are distinct legal statuses with different rights and duties. The potential fathers statute (§ 8-106) and the putative fathers statute (§ 8-106.01) address separate classifications of fathers.
Synopsis:
This unanimous decision clarifies the distinction between potential and putative fathers in Arizona adoption proceedings. The court emphasizes that these are separate legal classifications with different rights and obligations. A potential father, identified by the mother and served with notice under § 8-106(G), is not required to file with the putative fathers registry. The court recognizes parental rights as fundamental and subject to strict scrutiny under Arizona law. The opinion also highlights the importance of due process in termination proceedings and warns against creating procedural traps that could unfairly deprive fathers of their rights.
Outcome of the Case:
The Arizona Supreme Court vacated paragraphs 13-16 of the Court of Appeals’ opinion, reversed the juvenile court’s order terminating Father’s parental rights to M.N., and remanded the case for further proceedings consistent with this opinion.