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Arkansas's Adoption Laws

Adoption Records

 

Arkansas

Statute: § 12-12-506

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys, GAL's

• Researchers

• Employers

• Review Teams

• Subject of Reports

• Public/Any Person

Persons without access to records

• Attorneys General/Prosecutors

• Physicians

• Reporters of Abuse

• Parents/Guardians

• Coroners

• Treatment Providers

Other Child Care Facility Review Board Any licensing or registering authority Federal and State legislators Foster parents Public disclosure of child fatality or near fatality cases


© This information is from the National Adoption Information Clearinghouse.


Consent to Adoption

The consent may be signed any time, however, it is not filed with the court until after the birth of the child.

Pre-consents are allowed in the state of Arkansas.

Revocation Time Frame in Arkansas

The consent may be revoked up to 5 days after the birth. However, if the 5th day falls on a weekend, the birth mother has until the following Monday.


Parties to an Adoption

Arkansas

Who May Adopt

Statute: § 9-9-204

• A husband and wife together, although one or both are minors

• An unmarried adult

• The unmarried parent of the adoptee

• A married individual without the spouse, under specified conditions

Who May Be Adopted

Statute: § 9-9-203

Any individual

Who May Place a Child for Adoption

Not addressed in statutes reviewed


© This information is from the National Adoption Information Clearinghouse.


Birth Father Statutes

Does State have a Putative Father Registry: Yes

Registry/Paternity Requirements to Receive Notice
Statute: §§ 20-18-702; 9-9-224

  • May file prior to child's birth or at anytime prior to the filing of a petition for adoption.
  • Complete Department of Health form signed and acknowledged by 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.

Information Contained in Registry/Claim
Statute: § 20-18-702

  • Name, address and social security number of birth mother, and any person who claims to be the father.
  • If born, child's name, and date and location of birth if known.

Revocation of Claim to Paternity
Statute: § 20-18-703

  • Putative father must submit a signed and notarized statement that, to the best of his knowledge, he is not the father.
  • Revocation only effective after child's birth.

Access to Information Maintained in Registry
Statute: § 20-18-704

  • Birth mother.
  • Child.
  • Registrant.
  • Department of Human Services.
  • Attorneys involved in paternity, support or aoption litigation.
  • Office of Child Support Enforcement.

© This information is from the National Adoption Information Clearinghouse.


Adoption Expenses

 

Arkansas

Birth Parent Expenses Allowed Statute: § 9-9-211

  1. • Expenses incurred in connection with the birth of the child
  2. • Fees related to the adoption or placement of the child
  3. • Medical or hospital care received by the mother or minor child
  4. • Fees charged by all attorneys

Birth Parent Expenses Not Allowed

 Not addressed in statutes reviewed

Allowable Payments for Arranging Adoption 

Not addressed in statutes reviewed

Allowable Payments for Relinquishing Child 

Not addressed in statutes reviewed

Allowable Fees Charged by Department/Agency 

Not addressed in statutes reviewed

Accounting of Expenses Required by Court Statute: § 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.


© This information is from the National Adoption Information Clearinghouse.


International Expenses

Statutes Include Information on International Adoption: Yes

Effect of Foreign Adoption Decree:
Arkansas Code Annotated § 9-9-218 (1997)
Full effect and recognition given to final decree issued pursuant to due process of law by a court within or without the United States.

Validation of Foreign Adoption:

  • Not addressed in statutes reviewed.

© This information is from the National Adoption Information Clearinghouse.


General Adoption Statutes

Arkansas

Agency or Person Gathering Information or Preparing Report Statute: § 9-9-212(b)

  1. • The Department of Human Services
  2. • Licensed child welfare agency or social worker

Contents of Report About Person to be Adopted Statute: §§ 9-9-212(g); 9-9-505

  1. • Social history
  2. • Health and genetic history

Contents of Report About Birth Parents Statute: § 9-9-505

  1. • Health and genetic history
  2. • Social history
  3. • Non-identifying information

Contents of Report About Adoptive Parents Statute: § 9-9-212(b)

  1. • Suitability
  2. • Criminal background check
  3. • History of child abuse or neglect

The background check applies to all members of the adoptive household.


© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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