reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Child" means a son or daughter, whether by birth or by adoption;
(2)
"Court" means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§
9-27-301
-
9-27-339
,
9-27-340
[repealed], and
9-27-341
-
9-27-345
and, when the context requires, means the court of any other state empowered to grant petitions for adoption;
(3)
"Minor" means an individual under the age of eighteen (18) years;
(4)
"Adult" means any individual who is not a minor;
(5)
"Agency" means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption;
(6)
"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
(7)
"Abandonment" means the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement 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 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 presumption of abandonment;
(8)
"Neglect" means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child:
(a)
To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or
(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 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 by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment;
(9)
"Refusal to consent" means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental 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 injury which is at variance with the history given of it.
Acts 1977, No. 735, § 2; 1985, No. 879, § 1; A.S.A. 1947, § 56-202; Acts 1993, No. 758, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-203 - Who may be adopted

Any individual may be adopted.
Acts 1977, No. 735, § 3; A.S.A. 1947, § 56-203
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-204 - Who may adopt

The following individuals may adopt:
(1)
A husband and wife together although one (1) or both are minors;
(2)
An unmarried adult;
(3)
The unmarried father or mother of the individual to be adopted;
(4)
A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not his or her spouse; and if:
(i)
The other spouse is a parent of the individual to be adopted and consents to the adoption;
(ii)
The petitioner and the other spouse are legally separated; or
(iii)
The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
Acts 1977, No. 735, § 4; 1979, No. 599, § 1; A.S.A. 1947, § 56-204
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-206 - Persons required to consent to adoption - Consideration for relinquishing minor for adoption

(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 has been executed by:
(1)
The mother of the minor;
(2)
The father of the minor if:
(A)
The father was married to the mother at the time the minor was conceived or at any time thereafter;
(B)
The minor is his child by adoption;
(C)
He has physical custody of the minor at the time the petition is filed;
(D)
He has a written order granting him legal custody of the minor at the time the petition for adoption is filed;
(E)
A court has adjudicated him to be the legal father prior to the time the petition for adoption is filed;
(F)
He proves a significant custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed; or
(G)
He has acknowledged paternity under §
9-10-120(a)
;
(3)
Any person lawfully entitled to custody of the minor or empowered to consent;
(4)
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;
(5)
The minor, if more than twelve (12) years of age, unless the court in the best interest of the minor dispenses with the minor's consent; and
(6)
The spouse of the minor to be adopted.
(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.
(c)
Under no circumstances may a parent or guardian of a minor receive a fee, compensation, or any other thing of value as a consideration for the relinquishment of a minor for adoption. However, incidental costs for prenatal, delivery, and postnatal care may be assessed, including reasonable housing costs, food, clothing, general maintenance, and medical expenses, if they are reimbursements for expenses incurred or fees for services rendered. Any parent or guardian who unlawfully accepts compensation or any other thing of value as a consideration for the relinquishment of a minor shall be guilty of a Class C felony.
Amended by Act 2013, No. 1054,§ 1, eff. 8/16/2013
Acts 1977, No. 735, § 6; 1979, No. 599, § 2; 1985, No. 467, § 1; A.S.A. 1947, § 56-206; Acts 2005, No. 437, § 1; 2007, No. 539, § 3; 2011, No. 607, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-207 - Persons as to whom consent not required

(a)
Consent to adoption is not required of:
(1)
a parent who has deserted a child without affording means of identification or who has abandoned a child;
(2)
a parent of a child in the custody of another, if the parent for a period of at least one (1) year has failed significantly without justifiable cause (i) to communicate with the child or (ii) to provide for the care and support of the child as required by law or judicial decree;
(3)
the father of a minor if the father's consent is not required by §
9-9-206(a)(2)
;
(4)
a parent who has relinquished his or her right to consent under §
9-9-220
;
(5)
a parent whose parental rights have been terminated by order of court under §
9-9-220
or §
9-27-341
;
(6)
a parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent;
(7)
any parent of the individual to be adopted, if the individual is an adult;
(8)
any legal guardian or lawful custodian of the individual to be adopted, other than a parent, who has failed to respond in writing to a request for 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 his or her consent unreasonably;
(9)
the spouse of the individual to be adopted, if the failure of the spouse to consent to the adoption is excused by the court by reason of prolonged 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 relationship with the juvenile prior to the time the petition for adoption is filed; or
(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 relationship with the juvenile prior to the time the petition for adoption is filed.
(b)
Except as provided in §§
9-9-212
and
9-9-224
, notice of a hearing on a petition for adoption need not be given to a person whose consent is not required or to a person whose consent or relinquishment has been filed with the petition.
Acts 1977, No. 735, § 7; 1977 (1st Ex. Sess.), No. 22, §§ 1, 2; A.S.A. 1947, § 56-207; Acts 1989, No. 496, § 8; 2003, No. 650, § 2; 2005, No. 437, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-209 - Withdrawal of consent

(a)
A consent to adoption cannot be withdrawn after the entry of a decree of adoption.
(b)
(1)
(A)
A natural person may withdraw his or her consent to adopt within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after the consent to adopt is signed or the child is born, whichever is later, by filing an affidavit with the probate division 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.
(B)
(i)
If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or a legal holiday, the natural person may file the affidavit the next working day.
(ii)
No fee shall be charged for the filing of the affidavit.
(2)
If a natural person is consenting to the adoption, the consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate division clerk of the circuit court of the county in which the guardianship will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship.
(3)
If a natural person is consenting to the adoption, the consent shall state that the person may waive the ten-day period for the withdrawal of consent for an adoption and elect to limit the maximum time for the withdrawal of consent for an adoption to five (5) days.
(c)
(1)
The court may excuse the period for filing a withdrawal of consent under subsection (b) of this section for a biological parent if a stepparent is adopting.
(2)
The period for filing a withdrawal of consent under subsection (b) of this section does not apply to:
(A)
An agency as defined in §
9-9-202
;
(B)
A minor:
(i)
Who is over twelve (12) years of age; and
(ii)
Whose consent to adoption is required;
(C)
An adult to be adopted; or
(D)
The spouse of an adult to be adopted.
Amended by Act 2023, No. 639,§ 2, eff. 8/1/2023.
Amended by Act 2021, No. 993,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 506,§ 1, eff. 7/28/2021.
Acts 1977, No. 735, § 9; A.S.A. 1947, § 56-209; Acts 1991, No. 774, § 2; 1995, No. 1284, § 1; 2003, No. 1185, § 7; 2005, No. 437, § 3; 2009, No. 230, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-210 - Petition for adoption

(a)
A petition for adoption signed and verified by the petitioner shall be filed with the clerk of the court, and state:
(1)
The date and place of birth of the individual to be adopted, if known;
(2)
The name to be used for the individual to be adopted;
(3)
The date the petitioner:
(A)
Acquired custody of the minor and of placement of the minor and the name of the person placing the minor; and a statement as to how the petitioner acquired custody of the minor; or
(B)
Was selected to adopt the minor by the child placement agency licensed by the Child Welfare Agency Review Board;
(4)
The full name, age, place, and duration of residence of the petitioner;
(5)
The marital status of the petitioner, including the date and place of marriage, if married;
(6)
That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care 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 minor 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 his or her normally required consent, to the adoption; and
(9)
In cases involving a child born to a mother unmarried at the time of the child's birth, a statement that an inquiry has been made to the Putative Father Registry and either:
(A)
No information has been filed in regard to the child born to this mother; or
(B)
Information is contained in the registry.
(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 and relinquishments shall be filed with the clerk.
Amended by Act 2023, No. 639,§ 3, eff. 8/1/2023.
Acts 1977, No. 735, § 10; A.S.A. 1947, § 56-210; Acts 1989, No. 496, § 6; 2011, No. 607, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-211 - Report of petitioner's expenditures

(a)
Except as specified in subsection (b) of this section, the petitioner, in any proceeding for the adoption of a minor, shall file, before the petition is heard, a full accounting report in a manner acceptable to the court of all disbursements of anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption. The petitioner shall file a sworn affidavit showing any expenses incurred in connection with:
(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 parent of the minor, or any other person; and
(5)
Fees charged by all attorneys involved in the adoption, including those fees charged by out-of-state attorneys.
(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 person to be adopted is an adult, or where the petitioner and the minor are related to each other in the second degree.
(c)
The petitioner shall file a signed, sworn affidavit verifying that all expenses as required by this section have been truthfully listed and shall be informed by the court as to the consequences of knowingly making false material statements.
(d)
A full accounting report required under subsection (a) of this section shall include:
(1)
The amounts paid;
(2)
An itemization of expenses listed in §
9-9-206(c)
; and
(3)
The time periods during which each reimbursement or benefit has been paid or will be paid.
(e)
(1)
A parent or guardian whose consent to adoption is required under this subchapter and who receives reimbursement for an expense incurred or a fee for services rendered incidental to prenatal, delivery, and postnatal care shall file:
(A)
A full accounting report of anything of value that has been or will be received from the petitioner or a third party acting on behalf of the petitioner in connection with the adoption; and
(B)
An affidavit verifying the full accounting report.
(2)
A full accounting report required under subdivision (e)(1) of this section shall include:
(A)
The amounts paid;
(B)
An itemization of expenses listed in §
9-9-206(c)
; and
(C)
The time periods during which each reimbursement or benefit has been paid or will be paid.
Amended by Act 2021, No. 599,§ 2, eff. 7/28/2021.
Acts 1977, No. 735, § 11; 1985, No. 107, § 1; A.S.A. 1947, § 56-211
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-213 - Required residence of minor

(a)
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 stepchild of the petitioner, has lived in the home for at least six (6) months after placement by an agency or for at least six (6) months after the petition for adoption is filed.
(b)
Residence in the home is not required for a minor to be adopted if the minor is in the custody of the Department of Human Services, and the minor must reside outside of the home to receive medically necessary health care.
(c)
This section does not apply to a minor who is:
(1)
Less than six (6) months of age at the time the petition for adoption is filed; and
(2)
Not in the custody of the Department of Human Services.
Amended by Act 2023, No. 639,§ 5, eff. 8/1/2023.
Amended by Act 2013, No. 471,§ 2, eff. 8/16/2013
Acts 1977, No. 735, § 13; A.S.A. 1947, § 56-213; Acts 1999, No. 518, § 1; 2011, No. 607, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-214 - Appearance - Continuance - Disposition of petition

(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 for good cause shown.
(b)
The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
(c)
If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and the required period for the 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 (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 on a day therein specified, which day shall not be less than six (6) months nor more than one (1) year from the date of issuance of the decree, unless sooner vacated by the court for good cause shown.
(d)
If the requirements for a decree under subsection (c) of this section have not been met, the court shall dismiss the petition and the child shall be returned to the person or entity having custody of the child prior to the filing of the petition.
Acts 1977, No. 735, § 14; A.S.A. 1947, § 56-214; Acts 1991, No. 774, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-216 - Appeal from and validation of adoption decree

(a)
An appeal from any final order or decree rendered under this subchapter may be taken in the manner and time provided for appeal from a judgment in a civil action.
(b)
Subject to the disposition of an appeal, upon the expiration of one (1) year after an adoption decree is issued, the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of 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, in the case of the adoption of an adult, the adult had no knowledge of the decree within the one-year period.
Acts 1977, No. 735, § 16; A.S.A. 1947, § 56-216
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-218 - Recognition of foreign decrees affecting adoption

A decree of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by a court of any other jurisdiction within or without the United States shall be recognized in this state. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree were issued by a court of this state.
Acts 1977, No. 735, § 18; A.S.A. 1947, § 56-218
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-219 - Application for new birth record

Upon entry of a final decree of adoption or an interlocutory decree of adoption that does not require a subsequent hearing, the clerk of the court shall prepare an application for a birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics office of the place, if known, where the adopted individual was born and forward a copy of the decree to the Division of Vital Records for statistical purposes. The division may issue a birth certificate for any child born in a place whose law does not provide for the issuance of a substituted certificate.
Acts 1977, No. 735, § 19; A.S.A. 1947, § 56-219; Acts 2007, No. 539, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-221 - Uniformity of interpretation

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1977, No. 735, § 21; A.S.A. 1947, § 56-221
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-222 - Repeal and effective date

(a)
The following acts and laws and parts of laws in conflict herewith are repealed as of the effective date of this subchapter:
(1)
Acts 1947, No. 369;
(2)
Acts 1953, No. 254;
(3)
Acts 1953, No. 265;
(4)
Acts 1969, No. 303, § 17.
(b)
Any adoption or termination proceedings pending on the effective date of this subchapter are not affected thereby.
Acts 1977, No. 735, § 22
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-223 - [Repealed]

Repealed by Act 2023, No. 639,§ 6, eff. 8/1/2023.
Acts 1985, No. 879, § 5; A.S.A. 1947, § 56-222
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 2 - REVISED UNIFORM ADOPTION ACT (§§ 9-9-201 — 9-9-225) › Section 9-9-224 - Child born to unmarried mother

In all cases involving a child born to a mother unmarried at the time of the child's birth, the following procedure shall apply:
(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 Registry stating:
(1)
The information contained in the registry in regard to the child who is the subject of the adoption; or
(2)
That no information is contained in the registry at the time the petition for adoption was filed.
(b)
When information concerning the child is contained in the registry at the time of the filing of the petition for adoption, notice of the adoption proceedings shall be served on the registrant unless waived by the registrant in writing signed before a notary public. All confidential information regarding the adoptive parents and the child to be adopted shall be removed from the notice prior to being served to the registrant. Service of notice under this section shall be given in accordance with the Arkansas Rules of Civil Procedure, except that notice by publication shall not be required.
(c)
Upon receipt of notice, the registrant, if he wishes to appear and be heard, shall file a responsive pleading within the time limits set in the Arkansas Rules of Civil Procedure.
(d)
This section does not apply to an adoption when:
(1)
An order terminating the rights of the minor's parents has been entered by a court of competent jurisdiction in this or any other state before the filing of the petition for adoption, regardless of whether the parents consented to termination of parental rights; or
(2)
The minor was adopted in a separate adoption proceeding before the filing of the current petition for adoption.
Amended by Act 2023, No. 639,§ 7, eff. 8/1/2023.
Acts 1989, No. 496, § 7; 1999, No. 1229, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 3 - CHILDREN IN PUBLIC CUSTODY - CONSENT TO ADOPTION (§§ 9-9-301 — 9-9-304) › Section 9-9-301 - Adoptions under prior law validated

All adoptions that have been granted by the probate courts of this state under authority of Acts 1947, No. 369, § 7 [repealed], when the guardian appointed was appointed under the guardianship procedures outlined under Acts 1911, No. 215, § 12 [repealed] and Acts 1947, No. 369, § 20 [repealed], are confirmed and made valid.
Acts 1977, No. 195, § 4; A.S.A. 1947, § 56-129
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 3 - CHILDREN IN PUBLIC CUSTODY - CONSENT TO ADOPTION (§§ 9-9-301 — 9-9-304) › Section 9-9-303 - [Repealed]

Repealed by Act 2013, No. 1152,§ 4, eff. 8/16/2013
Acts 1977, No. 195, § 2; 1985, No. 322, § 1; 1985, No. 424, § 1; A.S.A. 1947, § 56-127; Acts 1987, No. 778, § 2; 1989, No. 273, § 47
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-401 - Title

This subchapter shall be known and may be cited as the "Arkansas Subsidized Adoption Act" and includes only state-funded adoptions.
Acts 1979, No. 1109, § 8; A.S.A. 1947, § 56-137; Acts 1999, No. 945, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-402 - Definitions

As used in this subchapter:
(1)
"Child" means a minor as defined by Arkansas law; and
(2)
"Special needs" means a child who is not likely to be adopted by reason of one (1) or more of the following conditions:
(A)
The child has special needs for medical or rehabilitative care;
(B)
Age;
(C)
A racial or ethnic factor;
(D)
A sibling relationship; or
(E)
A child who is at high risk for developing a serious physical, mental, developmental, or emotional condition if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk.
Acts 1979, No. 1109, § 2; A.S.A. 1947, § 56-131; Acts 1999, No. 945, § 5; 2005, No. 437, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-403 - Purpose

The purpose of this subchapter is to supplement the Arkansas adoption statutes by making possible through public financial subsidy the most appropriate adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption.
Acts 1979, No. 1109, § 1; A.S.A. 1947, § 56-130
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-404 - Administration - Funding

(a)
The Department of Human Services shall establish and administer an ongoing program of subsidized adoption by persons who are determined by the department to be eligible to adopt under this subchapter.
(b)
Subsidies and services for children under this program shall be provided out of funds appropriated to the department for the maintenance of children in foster care or made available to it from other sources.
Acts 1979, No. 1109, § 3; A.S.A. 1947, § 56-132; Acts 2005, No. 437, § 8; 2011, No. 607, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-405 - Promulgation of rules

(a)
The Department of Human Services shall adopt rules consistent with this subchapter.
(b)
The department shall adopt rules to ensure that post-adoptive services are provided to adoptive parents who seek the assistance of the department to prevent the adoption from being disrupted.
Amended by Act 2015, No. 1018,§ 1, eff. 7/22/2015
Acts 1979, No. 1109, § 7; A.S.A. 1947, § 56-136
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-406 - Records confidential

All records regarding subsidized adoption shall be confidential and may be opened for inspection only under the provisions of §
9-9-217
.
Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-407 - Eligibility

(a)
A family is initially eligible for a subsidy for purposes of adoption if:
(1)
(A)
No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy.
(B)
In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy.
(C)
In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy;
(2)
The department has determined the family to be eligible;
(3)
The child is in the custody of the department; and
(4)
The child has been determined by the department to have special needs.
(b)
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, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter.
(c)
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)
The child was in the custody of the department;
(B)
Legal custody was transferred to a relative or other person; and
(C)
The juvenile division case remains open pending the child obtaining permanency.
(d)
State-funded subsidies may be available, as determined by the department for an adult who:
(1)
Is in foster care at eighteen (18) years of age;
(2)
Participates in an extended foster care program under §
9-27-306
or §
9-28-114
; and
(3)
Is not Title IV-E eligible.
Amended by Act 2023, No. 363,§ 2, eff. 8/1/2023.
Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 518, § 3; 2005, No. 437, § 9; 2011, No. 607, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-408 - Subsidy agreement required - Commencement of subsidy

(a)
When parents are found and approved for adoption of a child certified as eligible for a subsidy and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services.
(b)
(1)
Adoption subsidies, the amount of which in individual cases shall be determined through agreement between the adoptive parents and the department but shall be no more than the current foster care board rate, may commence with the adoption placement or at the appropriate time after the adoption decree 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 needs.
(2)
(A)
In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition.
(B)
A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition.
(C)
Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition.
(c)
(1)
When a child is determined to have a causative preexisting condition which was not identified or known prior to the final decree of adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption subsidy may be approved.
(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 to the date such subsidy was approved.
(3)
This subsection will apply only to adoptive placements made on or after April 28, 1979.
Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1993, No. 800, § 1; 2005, No. 437, § 9[10]; 2011, No. 607, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-409 - Subsidy amounts

(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 agreement, depending upon a change in circumstances.
(b)
The subsidy may be for special services not covered by any other available resource, which include health or education services. To ensure the services remain appropriate, the services will be reviewed periodically.
(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 family care or, in the case of a special service, the reasonable fee for the service rendered.
Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1999, No. 945, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-410 - Subsidy agreements - Duration

(a)
(1)
The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify for a subsidy under the current rules for subsidized adoptions.
(2)
(A)
The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents.
(B)
The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.
(b)
If funding for the subsidized program is discontinued, all contracts that have been executed under this section and §§
9-9-408
and
9-9-411
shall continue to be honored and shall be a valid claim against the State of Arkansas in keeping with the original subsidy agreement as long as eligibility for the subsidy continues under §
9-9-411
.
(c)
The subsidy agreement may be extended until the age of twenty-one (21) years if the child has a documented disability or condition that prevents the child from existing independently from the adoptive family. To be eligible for the extended subsidy, the family of the child must have applied for supplemental security income benefits prior to the child's turning eighteen (18) years and have been denied.
Amended by Act 2015, No. 1018,§ 2, eff. 7/22/2015
Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 945, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-411 - Subsidy agreements - Renewal, termination, or modification

(a)
(1)
(A)
When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist.
(B)
An adoptive parent commits the offense of providing a false statement if the adoptive parent certifies that the adopted child remains under the adoptive parent's care knowing the certification to be false.
(C)
Providing a false statement under this subsection is a Class A misdemeanor.
(2)
The subsidy agreement may be continued in accordance with the terms by entering into a new agreement each year but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Arkansas rules, it may not be continued after the adopted child reaches majority.
(b)
Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time.
Amended by Act 2019, No. 315,§ 710, eff. 7/24/2019.
Amended by Act 2015, No. 1018,§ 3, eff. 7/22/2015
Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 4 - ARKANSAS SUBSIDIZED ADOPTION ACT (§§ 9-9-401 — 9-9-412) › Section 9-9-412 - Appeals

Any subsidy decision by the Department of Human Services which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of §
20-76-408
.
Acts 1979, No. 1109, § 6; A.S.A. 1947, § 56-135
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 5 - VOLUNTARY ADOPTION REGISTRY (§§ 9-9-501 — 9-9-508) › Section 9-9-501 - Definitions

As used in this subchapter:
(1)
"Administrator" means the person charged with maintenance and supervision of a registry and may include the administrator's agents, employees, and designees;
(2)
"Adoptee" means a person who has been legally adopted in this state;
(3)
"Adoption" means the judicial act of creating the relationship of parent and child when it did not exist previously;
(4)
"Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption;
(5)
"Adult" means a person eighteen (18) or more years of age;
(6)
"Agency" means any public or voluntary organization licensed or approved pursuant to the laws of any jurisdiction within the United States to place children for adoption;
(7)
"Birth parent" means:
(A)
The man or woman deemed or adjudicated under laws of a jurisdiction of the United States to be the father or mother of genetic origin of a child; or
(B)
(i)
A putative father of a child if his name appears on the original sealed birth certificate of the child or if he has been alleged by the birth mother to be and has in writing acknowledged being the child's biological father.
(ii)
A putative father who has denied or refused to admit paternity shall be deemed 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 child;
(8)
"Genetic and social history" means a comprehensive report, when obtainable, on the birth parents, siblings of the birth parents, if any, other children of either birth parent, if any, and any parents of the birth parents, that shall contain the following information:
(A)
Medical history;
(B)
Health status;
(C)
Cause of and age at death;
(D)
Height, weight, eye color, and hair color;
(E)
When appropriate, levels of educational and professional achievement;
(F)
Ethnic origins; and
(G)
Religion, if any;
(9)
"Health history" means a comprehensive report of the child's health status at the time of placement for adoption and medical history, including 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 may indicate their willingness to have their identity and whereabouts disclosed to each other under conditions specified in this subchapter; and
(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 genetic origin of a child who claims or is alleged to be the father of genetic origin of the child.
Acts 1985, No. 957, § 1; A.S.A. 1947, § 56-138; Acts 1987, No. 1060, § 1; 2003, No. 650, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 5 - VOLUNTARY ADOPTION REGISTRY (§§ 9-9-501 — 9-9-508) › Section 9-9-502 - Penalty

(a)
(1)
No person, agency, entity, or organization of any kind, including, but not limited to, any officer or employee of this state and any employee, officer, or judge of any court of this state shall disclose any confidential information relating to any adoption, except as provided by statute or pursuant to a court order.
(2)
Any employer who knowingly or negligently allows any employee to disclose information in violation of this subchapter shall be subject to the penalties provided in subsection (b) of this section, together with the employee who made any disclosure prohibited by this subchapter.
(b)
Any person, agency, entity, or organization of any kind that discloses information in violation of this subchapter shall be guilty of a Class A misdemeanor.
Acts 1985, No. 957, § 3; A.S.A. 1947, § 56-140; Acts 1987, No. 1060, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 9 - ADOPTION (§§ 9-9-101 — 9-9-804) › Subchapter 5 - VOLUNTARY ADOPTION REGISTRY (§§ 9-9-501 — 9-9-508) › Section 9-9-503 - Registry - Establishment and maintenance

(a)
(1)
A mutual consent voluntary adoption registry may be established and maintained by any licensed voluntary agency involved in an adoption.
(2)
Persons eligible to receive identifying information shall work through the agency involved in the adoption. If that agency has merged or ceased operations, a successor agency may assume possession of the files for the purpose of establishing, maintaining, and operating the mutual consent voluntary adoption registry concerning those adoptions.
(3)
Any licensed voluntary agency may delegate or otherwise contract with another licensed voluntary agency with expertise in post-legal adoption services to establish, maintain, and operate the registry for the delegating agency.
(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 by law to the Department of Human Services.
(b)
The department shall establish and maintain a mutual consent voluntary adoption registry for all adoptions arranged by the department or may contract out the function of establishing and maintaining the registry to a licensed voluntary agency with expertise in providing postlegal adoption services, in which case the agency shall establish and maintain the registry that would otherwise be operated by the department.
(c)
The department shall keep records of every adult adoptee and birth parent reunited through the use of the mutual consent voluntary adoption registry.
Acts 1985, No. 957, § 6; A.S.A. 1947, § 56-143; Acts 1987, No. 1060, § 4; 2001, No. 409, § 2