adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption. A putative father who has denied or refused to admit paternity shall be deemed 599, § 1; A.S.A. Before a child born in one state can be taken to another state for the purpose of adoption, both the state where the child was born and the state where the child is going, must give approval. History. (c) Sibling visitation shall not terminate if the adopted child was in the custody of the Department of Health and Human Services and had a sibling who Adoption is when someone other than the biological parent of a child assumes legal responsibility for the child. (a) Child support payments have not been made for one (1) year or the non-custodial parent has not visited the child in the preceding year and the non-custodial History. No. from any document containing such identifying information. (2) The persons appointed as administrative reviewers shall serve under the direction of the Director of the Administrative Office of the Courts and parent of the minor, or any other person; and. rights contrary to the best interest of the child; (10) "Abuse" means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an 424, § 1; A.S.A. cause shown. (c) Unless directed by the court, a home study is not required in cases in which the person to be adopted is an adult. History. birth parents or individuals related within the second degree. have filed affidavits with the mutual consent voluntary adoption registry and have each received the counseling required in subsection (b) of this section; (6) An agency receiving an assignment of a match under the provisions of this subchapter shall directly or by contract with a licensed adoption agency 758, § 2. which case the agency shall establish and maintain the registry that would otherwise be operated by the department. 9-9-303. (b) Records containing the nonidentifying information and which are set forth on a document that is separate from any document containing identifying data: (1) Shall be retained by the agency or, when no agency is involved, by the person, entity, or organization handling the adoption, for ninety-nine (99) 496, § 7; 1999, No. The Department of Human Services shall issue such rules and regulations as are necessary for implementing this subchapter. (a) The petitioner and the individual to be adopted shall appear at the hearing on the petition, unless the presence of either is excused by the court original home study on the adoptive family; and. on any ground provided by other law for termination of the relationship, or on the following grounds: (1) Abandonment. Agency contact and orientation information 4. History. 107, § 1; A.S.A. The new statute signed by Asa Hutchinson, a Republican, forbids parents from assigning custody of children they adopt to another household, except close relatives, without court approval. of the relinquishment and the continued custody by the petitioner, that the best interest of the child requires the granting of the adoption. (c)(1) A hospital or birthing center shall comply with the terms of a release executed under this section without requiring a court order. for the purposes set forth in this subchapter and for such purposes as may be necessary for the proper administration of the registry; children for whom a petition has been filed or granted for appointment of a guardian with the power to consent to adoption or for termination of parental selects the family 's parents to be the adoptive parents of the foster child. 1947, § 56-134; Acts 1999, No. (a)(1) The adult adoptee and each birth parent and each individual related within the second degree whose identity is to be disclosed may voluntarily without searching for families willing to take the child without a subsidy; (2) The department has determined the family to be eligible pursuant to a means-based test; (3) The child is in the custody of the department; and. of parental rights, shall notify the non-custodial parent that he or she intends to petition the court to terminate parental rights. 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 778, § 2; 1989, 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 Below are the statutes for adoption in the state of Arkansas . 774, § 1. practitioner thereof in lieu of medical treatment. In those cases, the adoptee shall not be able to obtain identifying information (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 1109, § 4; 1981, No. (a) Unless consent is not required under § 9-9-207, a petition to adopt a minor may be granted only if written consent to a particular adoption 1947, § 56-139. Adoption Laws in Arkansas: Overview. vested shall be governed accordingly. legislation, rules, or practice. Acts 1979, No. include the individual by name or by some designation not based on a parent and child or blood relationship. Right now you have the power to help pregnant women, struggling mothers and children at no cost. vacated by the court for good cause shown. (b) A consent which does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person whose consent 1947, § 56-136. is not required or to a person whose consent or relinquishment has been filed with the petition. be immediately eligible for adoption of the sibling. (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 and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly (b) The subsidy may be for special services not covered by any other available resource, which include health or education services. regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter. 1947, § 56-137; Acts 1999, No. 735, § 13; A.S.A. If the ten-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. Subchapter 2. unless: (A) The court has first determined the responsible party to be indigent; and. Arkansas Adoption Law that it is in the best interests of the siblings to continue visitation and has ordered visitation between the siblings to continue after the adoption. to establish, maintain, and operate the registry for the delegating agency. petition for adoption is filed, or he proves a significant custodial, personal, or financial relationship existed with the minor before the petition for Arkansas Code Title 9. be informed by the court as to the consequences of knowingly making false material statements. (2) The court may order a home study to assist it in determining whether the adoption is in the best interest of the persons involved. 857, § 1; 1995, No. 1947, § 56-210; Acts 1989, No. Acts 1977, No. Notice: The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Foster and adoption licensing requirements 2. The court may waive the ten-day period (2)(A) The child was in the custody of the department; (B) Legal custody was transferred to a relative or other person; and. 409, § 1; 2003, No. 9-9-701. (b) Those receiving the Governor's Pro Bono Adoption Service Award shall be selected from a list of names that may be submitted annually to the Governor (1) The birth of the minor; (2) Placement of the minor with petitioner; (3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; (4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural 195, § 2; 1985, No. and the birth parents if the court granting the adoption finds by clear and convincing evidence that good cause exists for the inspection. by law and in accordance with Arkansas regulations, it may not be continued after the adopted child reaches majority. Voluntary Adoption Registry. any manner the court by order directs. (b) An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child which Arkansas Child Adoption Agencies, Laws, Types, plus Financial and Medical Assistance Programs. In an adoption case, such as a stepparent adopting their stepchild, both biological parents are required to consent to the adoption in order for it to go through. (B) The detailed, written health history and genetic and social history shall be set forth in a document that is separate from any document containing Acts 1977, No. upon motion of the parent if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal Jurisdiction - Venue - Inconvenient forum - Disclosure of name. 774, § 3; 1991, No. However, in cases where a biological or adoptive adopt under § 9-9-208. (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. the same restrictions as circuit judges. (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 (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 to periodic and dispositional review of foster care cases, the Administrator of Adoptions of the Department of Health and Human Services is authorized to (iii) The remainder of the file shall remain sealed. 735, § 6; 1979, No. (2) Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive subsidy payments for the two (2) months prior If the parent is a minor, the writing shall be signed by a guardian ad litem who is appointed to appear on behalf of the minor parent for the purpose Acts 1979, No. (b)(1) Upon registering, the registrant shall participate in not less than one (1) hour of counseling with a social worker employed by the entity that 9-9-411. rights. (v) No one shall be permitted to review the removed portion of the record except in an official capacity, and, except for uses required to provide for 1284, § 1; 2003, No. 735, § 2; 1985, No. (1)(A) The relinquishment may be withdrawn within ten (10) calendar days after it is signed or the child is born, whichever is later. 957, § 6; A.S.A. History. 889, § 1; 2005, the person may file the affidavit the next working day. authorized to open such files notwithstanding any section in this subchapter. (4) The child has been determined by the department to have special needs. Surrender of custody of minor by hospital or birthing center. background checks for the court. adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons which have not become (iii) The entry of the adoption decree will be entered by the clerk in the book containing adoption records. 774, § 5; 1991, No. (3) All home studies shall be prepared and submitted in conformity with the regulations promulgated pursuant to the Child Welfare Agency Licensing Act, withdrawal of consent and withdrawal of relinquishment have passed and that the adoption is in the best interest of the individual to be adopted, it may ⦠957, § 7; A.S.A. 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 Adoption. (b) To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes 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. background check shall be required. Subchapter 2 - Revised Uniform Adoption Act. The contact shall be made by an employee or agent of the agency receiving agency, the division, or the attorney acting on the behalf of any of the foregoing entities after the hospital or birthing center is presented photo identification obtain information of any kind pertaining to the adoptive parents or any siblings to the adult adoptee who are children of the adoptive parents. 9-9-219. Pregnant women and Birth Mothers in Arkansas, Pregnant women and birth mothers who live in states other than Arkansas, Adopting Families in states other than Arkansas, Would you like to adopt a child? subsidy may be approved. 1947, § 56-135. (a) Consent to adoption is not required of: History. (b) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished featuring summaries of federal and state (b) The department shall establish and maintain a mutual consent voluntary adoption registry for all adoptions arranged by the department or may contract 1184, § 22; 1995, No. Petition for adoption. 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 with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited History. The duty of a parent to pay child support shall continue until an interlocutory decree of adoption is entered. (c) The petitioner shall file a signed, sworn affidavit verifying that all expenses as required by this section have been truthfully listed and shall (a) Upon filing of the petition for adoption and prior to the entry of a decree for adoption a certified statement shall be obtained from the putative father 1947, § 56-140; Acts 1987, No. (c) In exceptional circumstances, specified papers and records pertaining to particular adoptions may be inspected by the adoptee, the adoptive parents, 1947, § 56-145; Acts 1987, 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 To ensure the services of such adoption proceedings, except when the surviving parent-child relationship has been terminated pursuant to § 9-27-341. 1947, § 56-204. 3; 2001, No. (a) A family is initially eligible for a subsidy for purposes of adoption if: (f) A mutual consent voluntary adoption registry shall obtain only information necessary for identifying registrants. under § 9-9-209, whichever is applicable, must have expired. (B) If the parents have attempted to remedy the causes but have failed to do so within twelve (12) months, and the court finds there is no reasonable (8) Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks and shall be required to cooperate Acts 1977, No. or adoptive parent of a child but who is not a biological or adoptive parent of the child. 9-9-218. Acts 1987, No. (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 (d) If the requirements for a decree under subsection (c) have not been met, the court shall dismiss the petition and the child shall be returned to (a) The Governor shall award the Governor's Pro Bono Adoption Service Award by proclamation in recognition of the efforts and sacrifice of those attorneys Department of Health and Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without the Chief Justice.History. Appearance - Continuance - Disposition of petition. The relinquishment shall be executed in the same manner as for a consent to About the New Law How Arkansas Works. (v) The department shall be permitted to use a copy of the original home study. Typically, the reversal process is initiated by either set of parents, adoptive or biological, petitioning the court to reverse the adoption. child, the person having legal custody of the child, a person appointed to represent any party in this proceeding, and any person granted rights of care, (2) The administrator shall be bound by the confidentiality requirements of this subchapter and shall be permitted reasonable access to the registry Persons required to consent to adoption--Fee prohibition 1947, § 56-133; Acts 1999, No. (B) The department shall redetermine eligibility each year as outlined in this subchapter and shall enter into an annual agreement only if the adoptive 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 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. (2) Neglect or abuse, when the court finds the causes are irremediable or will not be remedied by the parent. and may vary with the circumstances of the adopting parents and the needs of the child as well as the availability of other resources to meet the child's Acts 1986 (2nd Ex. Acts 1977, No. shall be appointed by the Chief Justice of the Supreme Court, conditioned upon the approval of the circuit judge in the affected area. 496, § 8; 2003, No. Please check official sources. 735, § 3; A.S.A. (2) Persons eligible to receive identifying information shall work through the agency involved in the adoption. for the subsidy continues under § 9-9-411. 9-9-505. The petitioner shall file a sworn affidavit showing any expenses incurred in connection with: (B) The person to be studied lives in the State of Arkansas. developed the condition. (d)(1) After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place In all cases involving a child born to a mother unmarried at the time of the child's birth, the following procedure shall apply: (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, of the Arkansas licensed placement agency taking custody of the child, or in the presence of a notary public, or in the presence and with the approval of History. (2)(A) State adoption subsidy agreements shall be for no more than one (1) year. needs. Please remember that this information (2) Proof of the giving of the notice shall be filed with the court before the petition is heard. (3) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. 800, § 1; 2005, No. (d) The following shall be matching and disclosure procedures: Acts 1989, No. We currently have a very short waiting list. (b)(1) A consent to adopt may be withdrawn within ten (10) calendar days after it is signed or the child is born, whichever is later, by filing an affidavit 467, § 1; A.S.A. 1067, § 1; 1997, No. subchapter. Please use appropriate resources and an attorney's advice when making legal decisions. Learn about the adoption requirements youâll need to meet here. agreement, depending upon a change in circumstances. 1779, § 1; 2003, No. relationship with the juvenile prior to the time the petition for adoption is filed; or. 518, § 2; 1999, No. With this experience, the OMG Law Firm has a deep understanding of Arkansas adoption law and what you can expect. (a)(1) Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn History. Sess. 322, § 1; 1985, No. 735, § 14; A.S.A. 437, § 1. a successor agency may assume possession of the files for the purpose of establishing, maintaining, and operating the mutual consent voluntary adoption or. (g)(1) A family who has a foster child in its home who was placed by the department shall be eligible for the streamlined adoption process if the department 1947, § 56-218. Within thirty (30) days after an adoption decree becomes final, the clerk of the court shall prepare an application for a birth record in the new name 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 650, § 4; 2003, No. (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 matters within the jurisdiction of this state shall be determined as though the decree were issued by a court of this state. 735, § 20; 1985, No. of the hearing be given to any person whose consent to the adoption is required but who has not consented. (B) If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state-of-residence criminal (C)(i) The non-custodial parent shall have three (3) months from the filing of the petition to pay a substantial amount of past due payments owed and or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily 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 Courts. History. Subchapter 3. This section contains links that offer information about adoption law in Arkansas. (C) The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and 650, § the date of registration, the agency which handled the adoption. registry concerning those adoptions. for filing a withdrawal of consent for agencies as defined by § 9-9-202(5), minors over ten (10) years of age who consented to the adoption, or biological (7) Additional national fingerprint-based criminal background checks are not required for international adoptions as they are already a part of the requirements 1947, § 56-129. (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 (g) All costs for establishing and maintaining a mutual consent voluntary adoption registry shall be obtained through users' fees charged to all persons Acts 1979, No. Revised Uniform Adoption Act. History. Acts 1979, No. 1185, § 7; 2005, A final decree of adoption shall not be issued and an interlocutory decree of adoption does not become final until the minor to be adopted, other than a 9-9-408. a judge of a court of record of this state or any other state in which the minor was present at the time it was signed. 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 945, § 5; 2005, No. History. 9-9-404. the Child Welfare Agency Licensing Act, § 9-28-401 et seq., the Division of Children and Family Services, or the attorney acting on behalf of any of Would be a felony punishable by a prison sentence and fines information in this may... § 56-143 ; Acts 1987, No services will be reviewed periodically portion the... 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