We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 2; 1995, No. review. Subchapter 3. (c) In any case where the identity of the birth father was unknown to the birth mother, or where the administrator learns that one (1) or both birth or contact, when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of consent for a period of sixty (60) days or who, after examination of his or her written reasons for withholding consent, is found by the court to be withholding Acts 1989, No. (1) The mother of the minor; (2) The father of the minor if the father was married to the mother at the time the minor was conceived or at any time thereafter, the minor is his child (1) issue a final decree of adoption; or (2) issue an interlocutory decree of adoption which by its own terms automatically becomes a final decree of adoption 735, § 12; 1979, No. of the deceased biological or adoptive parent of the child if such parents of the deceased biological or adoptive parent had a close relationship with the 482, § 1; A.S.A. 945, §§ 945, § 7. Welcome to FindLaw's section on Arkansas family laws, covering a wide range of laws relating to marriage, divorce, child custody, adoption, and other legal issues involving family relations. To be eligible for the extended subsidy, the family of the child must have applied for supplemental of the minor to be adopted and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be adopted; (7) A description and estimate of value of any property of the individual to be adopted; (8) The name of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances which excuse the lack of clothing, general maintenance, and medical expenses, if they are reimbursements for expenses incurred or fees for services rendered. not to be a birth parent in the absence of an adjudication under the laws of a jurisdiction of the United States that he is the biological father of the Adoption Laws in Arkansas: Overview. genetic origin of a child who claims or is alleged to be the father of genetic origin of the child. Are you looking for adoption services or assistance? 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 years. (b) This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child, or to an adoption where the rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his 1060, § 1; 2003, No. 1947, § 56-202; Acts 1993, No. Family Law § 9-9-206. Persons required to consent to adoption--Fee prohibition 1060, § 4; 2001, No. Find answers to the most common questions about adopting in Arkansas. 1109, § 6; A.S.A. (2) The Department of Health and Human Services shall not be ordered by any court, except the juvenile division of circuit court, to conduct a home study, (d) The adoptive family shall be required to obtain updated criminal background checks and central registry checks as outlined in this chapter. Registry - Establishment and maintenance. there must be a written agreement between the family entering into the subsidized adoption and the Department of Health and Human Services. Administrative reviewers of petitions for appointment of guardian. a birth parent's family or the adoptee or any adoptive parent of the adoptee, to the following persons only: (A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian; (C) In the event of the death of the adoptee, the adoptee's children, the adoptee's widow or widower, or the guardian of any child of the adoptee; (E) Any child welfare agency having custody of the adoptee. Acts 1977, No. 1109, § 2; A.S.A. Laws regarding adoption reversal are quite strict. in the case of the adoption of an adult, the adult had no knowledge of the decree within the one-year period. 1947, § 56-144; Acts 1987, No. notice upon the person entitled to notice. records to the clerk who is the custodian of records. The Streamline Adoption Act. the assignment. of the relinquishment and the continued custody by the petitioner, that the best interest of the child requires the granting of the adoption. History. (1) "Adoptee" means a person who has been legally adopted in this state; (2) "Administrator" means the person charged with maintenance and supervision of the registry and may include the administrator's agents, employees, (e)(1) Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in 1109, § 4; 1981, No. All records regarding subsidized adoption shall be confidential and may be opened for inspection only under the provisions of § 9-9-217. (3) The department shall not require the foster family to attend training. future, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable or if a family is not available, to a family of a different religious background which is knowledgeable and appreciative of the child's religious background. 945, § 6. 1067, § 1; 1997, No. Compilation of nonidentifying history. History. History. 735, § 16; A.S.A. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly 22, §§ 1, 2; A.S.A. a means-based test. rights. Acts 1977, No. (c) The petitioner shall file a signed, sworn affidavit verifying that all expenses as required by this section have been truthfully listed and shall background checks for the court. (3) That in the case of a parent not having custody of a child, his consent is being unreasonably withheld contrary to the best interest of the child. the child from the hospital or birthing center to the petitioner for adoption, the guardian of the minor child, the child placement agency licensed under (11) "Putative father" means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to be the father of Appeal from and validation of adoption decree. 735, § 14; A.S.A. 1947, § 56-208; Acts 1991, No. The majority of Arkansas adoption laws are located in Chapter 9 of Title 9 of the revised code. (v) The department shall be permitted to use a copy of the original home study. or vacation of the decree. containing the nonidentifying information on the adoptee to the Department of Health and Human Services, except that a licensed agency ceasing operation Persons as to whom consent not required. her willingness to be identified solely to the other relevant persons who register. Acts 1979, No. (b) An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. 1947, § 56-131; Acts 1999, No. The rights and obligations of the parties as to section. 1284, § 1; 2003, No. When it comes to laws that govern Arkansas adoption, trying to find a quick and simple answer can be frustrating. History. Adult adoption in Arkansas also comes with a convenient legal process. The Interstate Compact on the Placement of Children (ICPC) is statutory law in all 50 states and U.S. territories. Subtitle 2:Domestic Relations The Department of Human Services may promulgate regulations consistent with this subchapter. of such adoption proceedings, except when the surviving parent-child relationship has been terminated pursuant to § 9-27-341. (2) Shall be available upon request throughout the time specified in subdivision (b)(1) of this section, together with any additional nonidentifying (4) If any agency ceasing to operate does not transfer adoption records to another licensed agency, it shall provide all records required to be maintained 1185, § 8; 2003, No. History. who provide adoption services on a volunteer basis. may indicate their willingness to have their identity and whereabouts disclosed to each other under conditions specified in this subchapter; and. (C) The detailed, written health history and genetic and social history shall be clearly identified and shall be filed with the clerk before the entry 800, § 1; 2005, No. 1185, § 7; 2005, jurisdiction of the parties or of the subject matter unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor or, by law to the Department of Human Services. 650, § 3; 2005, No. (b) The provisions of this section shall not prohibit the disclosure of information pursuant to § 9-9-501 et seq. that handled the adoption. may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the History. control, or visitation by a court of competent jurisdiction. (c) The department shall keep records of every adult adoptee and birth parent reunited through the use of the mutual consent voluntary adoption registry. parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the court may grant visitation rights to the parents parent and child issued by a court of competent jurisdiction in this or any other state dispenses with the consent to adoption proceedings of a parent whose (2) Neglect or abuse, when the court finds the causes are irremediable or will not be remedied by the parent. 735, § 19; A.S.A. (3) All home studies shall be prepared and submitted in conformity with the regulations promulgated pursuant to the Child Welfare Agency Licensing Act, 9-9-207. (b) Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time. 1947, § 56-133; Acts 1999, No. 1204, § 1; 1995, No. of the minor and to authorize any physician or medical services provider to furnish additional services deemed reasonable and necessary; and. (3) A person eligible to register may request the administration to disclose identifying information by filing an affidavit which sets forth the following: (A) The current name and address of the affiant; (B) Any previous name by which the affiant was known; (C) The original and adopted names, if known, of the adopted child; (D) The place and date of birth of the adopted child; and. Acts 1977, No. 1335, § 6; 1997, No. (a) A consent to adoption cannot be withdrawn after the entry of a decree of adoption. 735, § 18; A.S.A. agreement, depending upon a change in circumstances. neonatal, psychological, physiological, and medical care history; (10) "Mutual consent voluntary adoption registry" or "registry" means a place provided for in this subchapter where eligible persons Acts 1985, No. Please note that while we have tried to be as current as possible, laws are occasionally rewritten and/or amended; accordingly, the Arkansas adoption law provided below may have errors, omissions, or may not be the most current version. (c) A child who is a resident of Arkansas when eligibility for a subsidy is certified shall remain eligible and receive a subsidy, if necessary for adoption, 1947, § 56-134; Acts 1999, No. (b) A certified copy of the birth certificate or verfication of birth record of the individual to be adopted, if available, and the required consents Acts 1979, No. to establish, maintain, and operate the registry for the delegating agency. (11) a putative father of a minor who is listed on the Putative Father Registry but who failed to establish a significant custodial, personal, or financial Information on Arkansas' children 5. include the individual by name or by some designation not based on a parent and child or blood relationship. Acts 1977, No. or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. 1947, § 56-221. 409, § 2. (a) Prior to placement for adoption, the licensed adoption agency or, where an agency is not involved, the person, entity, or organization handling the The court may waive the ten-day period Title 9: Family Law Courts. records are not available, research from court records to determine conclusively whether the affiants match; (5) The administrator shall determine that there is a match when the adult adoptee and a birth parent or individual related within the second degree 518, § 1. 1947, § 56-203. Acts 1977, No. of the court, the parties, their witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and representatives practitioner thereof in lieu of medical treatment. the affiant who fails to register his or her most recent address; (4) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the 1109, § 5; 1985, No. in foster care or made available to it from other sources. (3) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. to the date such subsidy was approved. History. (b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse. 778, § 2; 1989, section may be withdrawn by the parent, and a decree of a court terminating the parent-child relationship under this section may be vacated by the court 2010 Arkansas Code Title 9 - Family Law Subtitle 2 - Domestic Relations Chapter 9 - Adoption. or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect. other children of either birth parent, if any, and any parents of the birth parents, which shall contain the following information: (D) Height, weight, eye color, and hair color; (E) Where appropriate, levels of educational and professional achievement; (9) "Health history" means a comprehensive report of the child's health status at the time of placement for adoption and medical history, including The registry shall have no duty to search for 945, § Laws, Rules and Qualifications for Placing a Baby for Adoption in Arkansas As a prospective birth parent, you likely have questions about the rules and regulations of placing a baby for adoption in Arkansas. Once an adoption is final, the adopted child receives the same legal treatment as a biological child. or adoptive parent of a child but who is not a biological or adoptive parent of the child. Arkansas Adoptions. History. (g) All costs for establishing and maintaining a mutual consent voluntary adoption registry shall be obtained through users' fees charged to all persons (B) If the notification clause required by subdivision (c)(1)(A) of this section is not in the child support order, the custodial parent, prior to termination Subsidy agreements - Renewal, termination, or modification. Acts 1979, No. (18) years or the benefits available to him under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer Service (C) The circuit clerk of the county where the petition for adoption has been or will be filed shall keep a record of the national fingerprint-based criminal (iii) The remainder of the file shall remain sealed. Acts 1985, No. History. 1229, § 1. who register. (4) At least twenty (20) days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by 6. 957, § 1; A.S.A. (c) The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for the child under foster unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent; (10) a putative father of a minor who signed an acknowledgement of paternity but who failed to establish a significant custodial, personal, or financial petition for adoption is filed, or he proves a significant custodial, personal, or financial relationship existed with the minor before the petition for (B) Home studies on non-Arkansas residents may also be conducted by a person or agency in the same state as the person wishing to adopt as long as the 945, § 4. (ii) It shall be the responsibility of the administrator to remove the home study from the file and make a copy of the home study. 1106, § 1; 2003, No. (D)(i) In the event the department has the opportunity to enhance its federal funding by a review of its adoptions records, then the administrator is 1947, § 56-216. adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption. 1, 2; 2003, No. Please click the link below to find information about the types of adoption, adoption counseling services, government financial assistance for adopting families, a free adoption manual and much more. Call Our Toll Free Adoptive Family Help Line 866-910-5615 24 Hours a Day â 7 Days a Week to talk with a live person about our adoption services. 1947, § 56-138; Acts 1987, No. 9-9-103. 369, § 7 [repealed], when the guardian appointed 1947, § 56-139. (2) The adoptive family is not eligible for the streamlined adoption process if more than five (5) years have passed since the adoptive family finalized operates the registry; if a birth parent or adult adoptee is domiciled outside the state, he shall obtain counseling from a social worker employed by a original home study on the adoptive family; and. (5)(A) When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make (1) "Child" means a minor as defined by Arkansas law; and. The division may issue a birth certificate of a child on the basis of race, color, or national origin of the adoptive or foster parents. The petitioner shall file a sworn affidavit showing any expenses incurred in connection with: parents if a step-parent is adopting. or emotional condition, the adoption subsidy agreement shall provide for no adoption subsidy until the child actually develops the condition. The adoption services listed on this website are available nationwide, to pregnant women, others seeking to place a child for adoption, as well as adoptive families hoping to adopt a newborn baby or child. (5) The persons so appointed shall not engage, directly or indirectly, in the practice of law and shall hold no other office or employment. 1947, § 56-214; Acts 1991, No. 735, § 2; 1985, No. (2) No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal. History. (ii) Once final disposition is made in the adoption proceedings, the adoption file shall be transferred from the clerk who is the custodian of juvenile Persons required to consent to adoption - Consideration for relinquishing minor for adoption. (d) A family is eligible for a legal subsidy for purposes of adoption if: (1) The child is in the custody of the department; or. (2)(A) Adoption records shall be closed, confidential, and sealed unless authority to open them is provided by law or by order of the court for good Petition for adoption. (a) The amount of the subsidy may be readjusted periodically with the concurrence of the adopting parents, which may be specified in the adoption subsidy (B) Providing care and support for the adoptive child. Termination of rights of nonparental relatives. (b)(1) One (1) year after the placement of a child in the adoptive home and except as provided in subdivision (b)(2) of this section, the adoptive family by law and in accordance with Arkansas regulations, it may not be continued after the adopted child reaches majority. (b)(1)(A) Before placement of the child in the home of the petitioner, a home study shall be conducted by any child welfare agency licensed under the Then be resealed if anything is to proceed are irremediable or will not be the of... 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