Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Arkansas may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Arkansas child adoption law including such topics as adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 9-9-211
Expenses incurred in connection with the birth of the child
Fees related to the adoption or placement of the child
Medical or hospital care received by the mother or minor child
Fees charged by all attorneys
Accounting of Expenses Required by Court
Citation: § 9-9-211
The petitioner must file a full accounting report of all expenses incurred or agreed to, and file a signed, sworn affidavit that all expenses have been truthfully listed.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code § 9-9-206
A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:
The mother
The father, if he was married to the mother at the time the minor was conceived or at any time thereafter, the minor is his child by adoption, he has custody of the minor at the time the petition is filed,
he has a written order granting him legal custody of the minor at the time the petition for adoption is filed, or he proves that a significant custodial, personal, or financial relationship existed with
the minor before the petition for adoption is filed
Any person lawfully entitled to custody of the minor or empowered to consent
The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption
The spouse of the minor to be adopted
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 9-9-206
A child age 10 or older must consent to the adoption, unless, in the child's best interest, the court dispenses with consent.
When Parental Consent is not Needed
Citation: Ann. Code § 9-9-207
Consent to adoption is not required of:
A parent who has deserted a child without affording means of identification or who has abandoned a child
A parent of a child in the custody of another, if the parent has failed significantly without justifiable cause to communicate with the child or to provide for the care and support of the child for at
least 1 year
The father of a minor if the father's consent is not required by § 9-9-206(a)(2)
A parent who has relinquished the right to consent or whose rights have been terminated
A parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent
Any parent of the adopted person if the person is an adult
Any legal guardian or custodian of the adopted person, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who is found by the court to be withholding
his or her consent unreasonably
The spouse of the adopted person, if the failure of the spouse to consent is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an
unreasonable withholding of consent
A putative father of a minor who signed an acknowledgment of paternity or is listed on the Putative Father Registry but who failed to establish a significant custodial, personal, or financial relationship
with the juvenile prior to the time the petition for adoption is filed
When Consent Can Be Executed
Citation: Ann. Code § 9-9-208
Consent to adoption shall be executed any time after the birth of the child.
Revocation of Consent
Citation: Ann. Code § 9-9-209
A consent to adoption cannot be withdrawn after the entry of a decree of adoption.
A consent to adopt may be withdrawn within 10 calendar days after it is signed or the child is born, whichever is later, by filing an affidavit with the probate clerk of the circuit court in the county
designated by the consent as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the
10-day period ends on a weekend or a legal holiday, the person may file the affidavit the next working day. No fee shall be charged for the filing of the affidavit.
The court may waive the 10-day period for filing a withdrawal of consent for agencies, minors over age 10 who consented to the adoption, or biological parents if a stepparent is adopting.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 20-18-702; 9-9-224
The putative father may file prior to the child's birth, or at anytime prior to the filing of a petition for adoption.
A completed Department of Health form must be signed and acknowledged by the putative father and notarized.
When information is contained in the registry at the time of the filing of the adoption petition, a copy of the petition is served on the registrant.
Please visit adoption law in Arkansas for more details. |