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 5 - VOLUNTARY ADOPTION REGISTRY (§§ 9-9-501 — 9-9-508) › Section 9-9-505 - Compilation of health history and genetic and social history

(a)
Prior to placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family and that shall be set forth in a document that is separate from any other document.
(b)
Records containing the health history and genetic and social history and that are set forth on a document that is separate from any other document:
(1)
(A)
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) years.
(B)
(i)
If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the health history and genetic and social history on the adoptee to the Department of Human Services.
(ii)
However, a licensed agency ceasing operation 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 department; and
(2)
Shall be available upon request throughout the time specified in subdivision (b)(1) of this section, together with any additional information that may have been added on health history or on genetic and social history, but which may exclude information identifying any birth parent or member of 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;
(B)
The adoptee;
(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;
(D)
The birth parent of the adoptee; and
(E)
Any child welfare agency having custody of the adoptee.
(c)
The actual and reasonable cost of providing the health history and genetic and social history shall be paid by the person requesting the information.
(d)
Any information provided to an eligible person under this subchapter shall be nonidentifying unless permitted under §
9-9-506
.
Amended by Act 2023, No. 639,§ 8, eff. 8/1/2023.
Acts 1985, No. 957, § 8; A.S.A. 1947, § 56-145; Acts 1987, No. 1060, § 7; 2003, No. 650, § 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 5 - VOLUNTARY ADOPTION REGISTRY (§§ 9-9-501 — 9-9-508) › Section 9-9-506 - Disclosure of information

(a)
Notwithstanding any other provision of law, the information acquired by any registry shall not be disclosed under any sunshine or freedom of information legislation, rules, or practice.
(b)
Notwithstanding any other provision of law, no person, group of persons, or entity, including any agency, may file a class action to force the registry to disclose identifying information.
(c)
In exceptional circumstances, specified papers and records pertaining to particular adoptions may be inspected by the adoptee, the adoptive parents, and the birth parents if the court granting the adoption finds by clear and convincing evidence that good cause exists for the inspection.
Acts 1985, No. 957, § 4; A.S.A. 1947, § 56-141
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 9-9-507 - Maintenance of records

All records of any adoption finalized in this state shall be maintained for ninety-nine (99) years by the agency, entity, organization, or person arranging the adoption.
Acts 1985, No. 957, § 2; A.S.A. 1947, § 56-139
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 9-9-508 - Rules

The Department of Human Services shall issue such rules as are necessary for implementing this subchapter.
Amended by Act 2019, No. 315,§ 711, eff. 7/24/2019.
Acts 1985, No. 957, § 5; A.S.A. 1947, § 56-142; Acts 1987, No. 1060, § 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 6 - LEGAL REPRESENTATION (§ 9-9-601) › Section 9-9-601 - The Governor's Pro Bono Adoption Service Award

(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 who provide adoption services on a volunteer basis.
(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 by judges, attorneys, the Department of Human Services, and other related organizations, agencies, and professional associations.
Acts 2001, No. 1273, § 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 7 - THE STREAMLINE ADOPTION ACT (§§ 9-9-701 — 9-9-702) › Section 9-9-701 - Streamlined adoptions by the Department of Human Services

(a)
(1)
A family who adopts a child from the Department of Human Services shall be eligible for the streamlined adoption process if the family chooses to adopt another child from the department and the department selects the family to be the adoptive parents of a child in the custody of the department.
(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 the adoption of a child placed by the department in the adoptive home.
(b)
Upon contact by the adoptive family, the department shall:
(1)
(A)
Obtain a copy of the original home study completed on the adoptive family.
(B)
If needed, the department shall unseal the adoption file from the previous adoption pursuant to §
9-9-217(a)
in order to obtain a copy of the original home study on the adoptive family; and
(2)
Complete an update to the original home study within forty-five (45) business days from contact by the adoptive family.
(c)
The adoptive family shall be required to obtain updated criminal background checks and central registry checks as outlined in this chapter.
(d)
The department shall not require the adoptive family to attend training.
(e)
The department shall place the adoptive family in the pool of waiting adoptive families eligible to adopt a child from the department upon:
(1)
Completion of the updated home study that is favorable; and
(2)
Receipt of the:
(A)
Criminal background check; and
(B)
Central registry check.
(f)
(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 selects the foster family to be the adoptive family of the foster child.
(2)
Upon selection, the department shall complete the adoptive home study within forty-five (45) business days.
(3)
The department shall not require the foster family to attend training.
Acts 2005, No. 1685, § 1; 2007, No. 539, § 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 9 - ADOPTION RECORDS (§§ 9-9-801 — 9-9-804) › Section 9-9-801 - Definitions

As used in this subchapter:
(1)
"Adoption file" means a file maintained by the Department of Health that contains an original birth certificate and adoption decree of an adoptee;
(2)
"Genetic and social history" has the same meaning as provided under §
9-9-501
; and
(3)
"Requester" means a person twenty-one (21) years of age or older who requests an adoption file under §
9-9-803
and is:
(A)
The adoptee to whom the adoption file requested pertains; or
(B)
The child, surviving spouse, or guardian of any child of a deceased adoptee to whom the adoption file requested pertains.
Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
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 9 - ADOPTION RECORDS (§§ 9-9-801 — 9-9-804) › Section 9-9-803 - Access to adoption file

(a)
Beginning August 1, 2018, a requester may submit a written request for a copy of an adoption file from the Department of Health.
(b)
(1)
A request submitted under this section shall include the requester's address and notarized signature and satisfactory proof of the requester's identity as determined by the department.
(2)
If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester's relationship to the adoptee.
(c)
(1)
Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request.
(2)
If an adoption file contains a form submitted under §
9-9-802(a)(2)(A)(i)
, the department shall redact the birth parent's name from the copy of the adoption file before it is mailed to the requester.
(3)
If a form under §
9-9-802(a)(2)(A)(ii)
is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent's name included in the adoption file within thirty (30) days of the date the form was removed.
(4)
Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as "not intended for official use" or similar.
(d)
The department shall mail a requester an adoption file by certified mail, return receipt requested.
(e)
(1)
If an adoption file contains a form submitted under §
9-9-802(a)(3)(A)(i) and (ii)
, the department shall include the form in the adoption file mailed to a requester.
(2)
A form included in the adoption file under this subsection shall be redacted in accordance with subdivision (c)(2) of this section.
(f)
(1)
The department may charge a requester a fee of one hundred dollars ($100) for the department's provision of the adoption file requested.
(2)
The department may change the amount of the fee charged to a requester under subdivision (f)(1) of this section in accordance with the department's rules.
Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
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 9 - ADOPTION RECORDS (§§ 9-9-801 — 9-9-804) › Section 9-9-804 - Immunity

An officer or employee of the Department of Health who releases any information contained in an adoption file or provides a copy of an adoption file to a requester is not criminally liable or civilly liable in damages to any person for injury, death, or loss allegedly arising from the release of the information or copy if the officer or employee releases the information or copy in accordance with §
9-9-803
.
Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-104 - Suit to determine paternity of child born outside of marriage

Petitions for paternity establishment may be filed by:
(1)
A biological mother;
(2)
A putative father;
(3)
A person for whom paternity is not presumed or established by court order, including a parent or grandparent of a deceased putative father; or
(4)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
Acts 1981, No. 664, §§ 1, 2; A.S.A. 1947, §§ 34-716, 34-717; Acts 1989, No. 725, § 4; 1995, No. 1184, § 1; 2009, No. 1312, § 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 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-105 - Trial by court

When the case is ready for trial, if the accused denies being the father of the child, the circuit court shall hear the evidence and decide the case.
Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 776; Pope's Dig., § 932; Acts 1955, No. 374, § 2; A.S.A. 1947, § 34-705; Acts 2003, No. 1185, § 12
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-110 - Judgment for lying-in expenses - Commitment on failure to pay

(a)
If it is found by the court that the accused is the father of the child, the court shall render judgment against him for the lying-in expenses in favor of the mother, person, or agency incurring the lying-in expenses, if claimed.
(b)
If the lying-in expenses are not paid upon the rendition of the judgment, together with all costs that may be adjudged against him in the case, then the court shall have the power to commit the accused person to jail until the lying-in expenses are paid, with all costs.
(c)
(1)
Bills and invoices for pregnancy and childbirth expenses and paternity testing are admissible as evidence in the circuit court or juvenile division of circuit court without third-party foundation testimony if such bills or invoices are regular on their face.
(2)
Such bills or invoices shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.
Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 777; Acts 1927, No. 111, § 1; Pope's Dig., § 933; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, § 34-706; Acts 1997, No. 1296, § 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 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-111 - Judgment for child support - Bond

(a)
(1)
If it is found by the circuit court that the accused is the father of the child and, if claimed by the mother, the circuit court or circuit judge shall give judgment for a monthly sum of not less than ten dollars ($10.00) per month for every month from three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, until the child attains eighteen (18) years of age, except as provided in subdivision (a)(2) of this section.
(2)
If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age.
(b)
(1)
The court shall further order that the father enter into bond to the State of Arkansas in the penal sum of five hundred dollars ($500), with good and sufficient security.
(2)
The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under eighteen (18) years of age and for the payment of the monthly payments that may be adjudged as provided in subsection (a) of this section.
(3)
Bonds shall be approved by the circuit judge and an entry made on the record of the conditions and the securities thereon.
(c)
If the person refuses or neglects to enter into bond with security as provided in this section, the circuit judge shall commit him to the jail of the county, there to remain until he complies with the order or until he is otherwise discharged according to law.
Amended by Act 2023, No. 623,§ 1, eff. 8/1/2023.
Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., §§ 777, 778; Acts 1927, No. 111, § 1; Pope's Dig., §§ 933, 934; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, §§ 34-706, 34-707
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-113 - Custody of child born outside of marriage

(a)
When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in the custody of another party.
(b)
A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the circuit court in the county where the child resides for custody of the child.
(c)
The court may award custody to the biological father upon a showing that:
(1)
He is a fit parent to raise the child;
(2)
He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and
(3)
It is in the best interest of the child to award custody to the biological father.
(d)
When in the best interest of a child, visitation shall be awarded in a way that assures the frequent and continuing contact of the child with the mother and the biological father.
Acts 1981, No. 665, § 1; A.S.A. 1947, § 34-718; Acts 1987, No. 488, § 1; 1987, No. 667, § 1; 2003, No. 1185, § 13; 2007, No. 654, § 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 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-114 - Visitation rights of father

When any circuit court in this state determines the paternity of a child and orders the father to make periodic payments for support of the child, the court may also grant reasonable visitation rights to the father and may issue such orders as may be necessary to enforce the visitation rights.
Acts 1979, No. 621, § 1; A.S.A. 1947, § 34-715
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-119 - Revival of judgment

The judgment may be revived against the executor or administrator of the person against whom the judgment was rendered.
Acts 1875 (Adj. Sess.), No. 24, § 6, p. 25; C. & M. Dig., § 779; Pope's Dig., § 935; A.S.A. 1947, § 34-708
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-120 - Effect of acknowledgment of paternity

(a)
A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to §
20-18-408
or §
20-18-409
, or a similar acknowledgment executed during the child's minority.
(b)
(1)
Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under §
9-10-115
, and shall be recognized by the circuit courts and juvenile divisions thereof as creating a parent and child relationship between father and child.
(2)
Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity.
(c)
The Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(d)
Upon submission of the acknowledgment of paternity to the Division of Vital Records, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity.
(e)
The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to the office.
Acts 1995, No. 1091, § 1; 1997, No. 1296, § 9
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-10-101 — 9-10-121) › Section 9-10-121 - Termination of certain parental rights for putative fathers convicted of rape

(a)
All rights of a putative father to custody, visitation, or other contact with a child conceived as a result of a rape shall be terminated immediately upon conviction of the rape in which the child was conceived under §
5-14-103
.
(b)
The biological mother of a child conceived as a result of rape may petition the court under §
9-10-104
to reinstate the parental rights of a putative father terminated under subsection (a) of this section.
(c)
A putative father to a child conceived as a result of rape shall pay child support as provided under §
9-10-109
.
(d)
A child conceived as a result of rape is entitled to:
(1)
Child support under §
9-10-109
; and
(2)
Inheritance under the Arkansas Inheritance Code of 1969, §
28-9-201
et seq.
Added by Act 2013, No. 210,§ 1, eff. 3/1/2013
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 2 - ARTIFICIAL INSEMINATION (§§ 9-10-201 — 9-10-202) › Section 9-10-201 - Child born to married or unmarried woman - Presumptions - Surrogate mothers

(a)
Any child born to a married woman by means of artificial insemination shall be deemed the legitimate natural child of the woman and the woman's husband if the husband consents in writing to the artificial insemination.
(b)
A child born by means of artificial insemination to a woman who is married at the time of the birth of the child shall be presumed to be the child of the woman giving birth and the woman's husband except in the case of a surrogate mother, in which event the child shall be that of:
(1)
The biological father and the woman intended to be the mother if the biological father is married;
(2)
The biological father only if unmarried; or
(3)
The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.
(c)
(1)
A child born by means of artificial insemination to a woman who is unmarried at the time of the birth of the child shall be, for all legal purposes, the child of the woman giving birth, except in the case of a surrogate mother, in which event the child shall be that of:
(A)
The biological father and the woman intended to be the mother if the biological father is married;
(B)
The biological father only if unmarried; or
(C)
The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.
(2)
For birth registration purposes, in cases of surrogate mothers the woman giving birth shall be presumed to be the natural mother and shall be listed as such on the certificate of birth, but a substituted certificate of birth may be issued upon orders of a court of competent jurisdiction.
Acts 1985, No. 904, §§ 1, 2; A.S.A. 1947, §§ 34-720, 34-721; Acts 1989, No. 647, § 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 10 - PATERNITY (§§ 9-10-101 — 9-10-202) › Subchapter 2 - ARTIFICIAL INSEMINATION (§§ 9-10-201 — 9-10-202) › Section 9-10-202 - Supervision by physician - Written agreement

(a)
Artificial insemination of a woman shall only be performed under the supervision of a physician licensed under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
(b)
Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement to the artificial insemination, and the physician shall certify their signatures and the date of the insemination.
Acts 1985, No. 904, § 3; A.S.A. 1947, § 34-722
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-101 - Marriage a civil contract - Consent of parties

Marriage is considered in law a civil contract to which the consent of the parties capable in law of contracting is necessary.
Rev. Stat., ch. 94, § 1; C. & M. Dig., § 7036; Pope's Dig., § 9016; A.S.A. 1947, § 55-101
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-102 - Minimum age - Parental or guardian consent - Definition

(a)
Every male who is at least eighteen (18) years of age and every female who is at least eighteen (18) years of age shall be capable in law of contracting marriage.
(b)
(1)
However, a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years may contract marriage as provided under this subsection.
(2)
As used in this subsection, "contracting party" means a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years.
(3)
Before a marriage license may be issued under this subsection, a contracting party shall furnish the clerk with a verified affidavit signed in the presence of a notary public that states that the parent or parents or guardian of the contracting party consents to the marriage.
(4)
The consent of both parents of a contracting party is necessary unless:
(A)
The parents have been divorced and custody of the contracting party has been awarded to one (1) of the parents exclusive of the other;
(B)
The custody of the contracting party has been surrendered by one (1) of the parents through abandonment or desertion, in which case the consent of the parent who has custody of the contracting party is sufficient; or
(C)
A guardian has been appointed for the contracting party, in which case the consent of the guardian of the contracting party is sufficient.
(5)
The consent of the parent or guardian may be voided by the order of a circuit court on a showing by clear and convincing evidence that:
(A)
The parent or guardian is not fit to make decisions concerning the contracting party; and
(B)
The marriage is not in the contracting party's best interest.
(6)
There shall be a waiting period of five (5) business days for a marriage license issued under this subsection.
(7)
If a contracting party has a pending case in a circuit court, a parent or guardian who files consent under this subsection shall immediately notify the circuit court and all parties and attorneys to the pending case.
Amended by Act 2021, No. 470,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 849,§ 1, eff. 7/24/2019.
Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 1; 2008 (1st Ex. Sess.), No. 3, § 1; 2009, No. 956, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-103 - Minimum age - Exception

(a)
(1)
If an application for a marriage license is made where one (1) or both parties are under eighteen (18) years of age but older than sixteen (16) years of age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for a marriage license is being made.
(2)
Evidence shall be submitted as to:
(A)
The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas;
(B)
The birth certificates of both parties; and
(C)
Parental consent of each party who may be under the minimum age.
(3)
Thereupon, after consideration of the evidence and other facts and circumstances, if the judge finds that it is to the best interest of the parties, the judge may enter an order authorizing and directing the county clerk to issue a marriage license to the parties.
(4)
The county clerk shall retain a copy of the order on file in the clerk's office with the other papers.
(b)
However, if the female has given birth to the child, the court before whom the parties are to appear, if satisfied that it would be to the best interests of all the interested parties and if all the requirements of subsection (a) of this section are complied with, with the exception of the physician's certificate as to the pregnancy, may enter an order authorizing and directing the county clerk to issue a marriage license as provided in subsection (a) of this section.
Amended by Act 2019, No. 849,§ 2, eff. 7/24/2019.
Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 2; 2008 (1st Ex. Sess.), No. 3, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-104 - Minimum age - Lack of parental consent or misrepresentation of age - Annulment

In all cases in which the consent of the parent or parents or guardian is not provided, or there has been a misrepresentation of age by a contracting party, the marriage contract may be set aside and annulled upon the application of the parent or parents or guardian to the circuit court having jurisdiction of the cause.
Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-105 - Marriage of underage parties voidable

(a)
The marriage of any male under the full age of seventeen (17) years and the marriage of any female under the full age of sixteen (16) years is voidable.
(b)
All marriages contracted prior to March 26, 1964, where one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are declared to be voidable only and shall be valid for all intents and purposes unless voided by a court of competent jurisdiction.
(c)
All marriages contracted between July 30, 2007, and April 2, 2008, in which one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are voidable only and are valid for all intents and purposes unless voided by a court of competent jurisdiction.
Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, §§ 1, 2; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, §§ 55-102, 55-102.1; Acts 2008 (1st Ex. Sess.), No. 3, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-106 - Incestuous marriages - Penalties for entering into or solemnizing

(a)
All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void. This section shall extend to illegitimate children and relations.
(b)
Whoever contracts marriage in fact, contrary to the prohibitions of subsection (a) of this section, and whoever knowingly solemnizes the marriage shall be deemed guilty of a misdemeanor and shall upon conviction be fined or imprisoned, or both, at the discretion of the jury who shall pass on the case, or if the conviction shall be by confession, or on demurrer, then at the discretion of the court.
Rev. Stat., ch. 94, §§ 3, 9; Acts 1875, No. 102, § 1, p. 221; C. & M. Dig., §§ 7038, 7045; Pope's Dig., §§ 9018, 9025; Acts 1973, No. 253, § 1; A.S.A. 1947, §§ 55-103, 55-105
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-107 - Validity of foreign marriages

(a)
All marriages contracted outside this state that would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
(b)
This section shall not apply to a marriage between persons of the same sex.
Rev. Stat., ch. 94, § 7; C. & M. Dig., § 7043; Pope's Dig., § 9023; A.S.A. 1947, § 55-110; Acts 1997, No. 144, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-108 - Presumption of spouse's death - Validity of subsequent marriage

In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed. Any subsequent marriage entered into after the end of the five (5) years shall be as valid as if the husband or wife were dead.
Rev. Stat., ch. 94, § 8; C. & M. Dig., § 7044; Pope's Dig., § 9024; A.S.A. 1947, § 55-109
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 1 - GENERAL PROVISIONS (§§ 9-11-101 — 9-11-109) › Section 9-11-109 - Validity of same-sex marriages

Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Acts 1997, No. 144, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-201 - Licenses required

(a)
All persons hereafter contracting marriage in this state are required to first obtain a license from the clerk of the county court of some county in this state.
(b)
On and after July 1, 1997, the county clerk shall record the Social Security numbers of the persons obtaining a marriage license on the marriage license application or the coupon for the marriage license. If an applicant does not possess a Social Security number, the clerk shall note this representation on the marriage license application or the coupon for the marriage license.
(c)
(1)
The county clerk shall transmit Social Security numbers of marriage license applicants to the Division of Vital Records. The clerk is not required to otherwise maintain or report the Social Security numbers of marriage license applicants. Compliance with the Social Security number reporting requirements of this section by the clerk of the county court shall be deemed to satisfy licensing entity reporting requirements under this section relative to marriage licenses.
(2)
The Division of Vital Records shall allow the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration access to such Social Security information and on an automated basis to the maximum extent feasible.
Acts 1875, No. 127, § 1, p. 260; C. & M. Dig., § 7057; Pope's Dig., § 9039; A.S.A. 1947, § 55-201; Acts 1997, No. 1163, § 2; 1997, No. 1296, § 41
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-203 - Issuance by clerks

(a)
The clerks of the county courts of the several counties in this state are required to furnish the license upon:
(1)
Application's being made;
(2)
Being fully assured that applicants are lawfully entitled to the license; and
(3)
Receipt of his or her fee.
(b)
It shall be lawful for clerks of the circuit courts to issue marriage licenses in counties having two (2) judicial districts.
(c)
(1)
In addition to the standard certificate of marriage issued under subsection (a) of this section, the county clerk shall offer and, upon payment of a fee established by rule promulgated by the Department of Human Services, issue an heirloom certificate of marriage.
(2)
(A)
The department shall adopt rules for the design of the heirloom certificate and shall print and distribute the certificates to each county clerk in this state.
(B)
(i)
The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition.
(ii)
The fee is in addition to any other fee established by law for the issuance of a certificate of marriage.
(iii)
The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund.
(3)
(A)
The heirloom certificate shall be in a form consistent with the need to protect the integrity of vital records and suitable for display.
(B)
It may bear the seal of the state and may be signed by the Governor.
(4)
An heirloom certificate of marriage issued under this subsection has the same status as evidence as the standard certificate of marriage issued under subsection (a) of this section.
(5)
Heirloom certificates of marriage may be issued for any marriage certificate issued at any time in this state, whether before or after August 13, 2001.
(d)
It is not a requirement that a marriage license be signed by a county clerk for the license to be effective.
Amended by Act 2017, No. 897,§ 2, eff. 7/1/2017
Amended by Act 2015, No. 1127,§ 2, eff. 7/22/2015
Acts 1875, No. 127, § 2, p. 260; 1901, No. 123, § 1, p. 194; C. & M. Dig., §§ 7058, 7059; Pope's Dig., §§ 9040, 9041; A.S.A. 1947, §§ 55-202, 55-203; Acts 2001, No. 968, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-204 - Issuance of license unlawfully - Penalty

If any county clerk in this state shall issue any license contrary to the provisions of this act, or to any persons who are declared by law as not entitled to the license, he or she shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Acts 1875, No. 127, § 8 (1st part), p. 260; C. & M. Dig., § 7065; Pope's Dig., § 9047; A.S.A. 1947, § 55-214
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-205 - Notice of intention to wed - Noncompliance, penalties, and effect

(a)
No marriage license shall be issued by the clerks unless a notice of intention to wed shall have been signed by both of the applicants applying for the marriage license and filed with the county clerk where the license is obtained.
(b)
The notice shall state the name, age, and address of both parties desiring to wed.
(c)
The county clerk shall verify the age of both parties and may treat birth certificates as prima facie proof of age.
(d)
The notice of intention to wed referred to in this section shall be filed with the county clerk of the county where the marriage license is obtained.
(e)
The county clerk may destroy the notice of intention to wed one (1) year after the date of its issuance.
(f)
Upon the failure on the part of the county clerk or any other person to comply with the provisions of this section, he or she shall be adjudged guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(g)
No marriage shall be void for failure to comply with the provisions of this section.
(h)
If applicable, the notice of intention to wed shall contain the declaration of intent for a covenant marriage as provided in the Covenant Marriage Act of 2001, §
9-11-801
et seq.
Acts 1945, No. 112, §§ 1, 3-5; 1957, No. 119, § 1; 1959, No. 52, § 1; 1981, No. 788, § 1; 1983, No. 712, § 1; A.S.A. 1947, §§ 55-205, 55-207 -- 55-209; Acts 2001, No. 1486, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-206 - Clerk's fees

The fee prescribed by law for the issuance of the marriage license shall be paid to the clerk at the time the applicants apply for the marriage license and sign the notice of intention to wed.
Acts 1945, No. 112, § 1; 1959, No. 52, § 1; 1981, No. 788, § 1; 1983, No. 712, § 1; A.S.A. 1947, § 55-205
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-207 - Applicants for marriage licenses to be sober

It shall be unlawful for any clerk who is authorized to issue marriage licenses to furnish or sell to any person or persons a license to marry at a time when either of the contracting parties is visibly under the influence of intoxicating drinks or under the influence of any kind of drugs. The parties applying for the license shall at the time be duly sober.
Acts 1941, No. 404, § 1; A.S.A. 1947, § 55-210
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-208 - License not issued to persons of the same sex

(a)
(1)
(A)
It is the public policy of the State of Arkansas to recognize the marital union only of man and woman.
(B)
A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
(2)
Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by a person of the same sex, when a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas, and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
(3)
However, nothing in this section shall prevent an employer from extending benefits to a person who is a domestic partner of an employee.
(b)
A license shall not be issued to a person to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.
Acts 1941, No. 404, § 2; A.S.A. 1947, § 55-211; Acts 1997, No. 146, §§ 1, 2; 2007, No. 441, § 3; 2008 (1st Ex. Sess.), No. 3, § 3; 2011, No. 793, § 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 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-209 - Proof of age - Parental consent

(a)
Any person applying for the license to marry another may introduce the parent or guardian of himself or herself or the other party, or the certificate of the parent or guardian duly attested, to prove to the satisfaction of the clerk that the parties to the marriage are of lawful age.
(b)
In case either or both of the parties to the marriage are not of lawful age, it shall be the duty of the clerk, before issuing the license, to require the party applying therefor to produce satisfactory evidence of the consent and willingness of the parent or guardian of the party to the marriage, which shall consist of either verbal or written consent thereto.
(c)
If there are any doubts in the mind of the clerk as to the evidence of the consent and willingness of the parent or guardian of the party applying for the license or if the clerk is in doubt as to the true age of the party so making application, the clerk may require the applicants to furnish a copy of their birth certificates as proof of lawful age or may require the parties to make affidavit to the genuineness of the consent granted or to the correctness of the ages given. The affidavit so made shall be filed in the clerk's office for public inspection.
Acts 1875, No. 127, § 5, p. 260; 1885, No. 123, § 1, p. 200; C. & M. Dig., § 7062; Pope's Dig., § 9044; Acts 1963, No. 117, § 1; A.S.A. 1947, § 55-212