Adoption in Arkansas
Under Arkansas law, any individual can be adopted. However, adoptions typically occur when someone wants to become recognized as the legal parent of a minor child. However, suppose you’re going to adopt an adult. In that case, it is relatively simple, but the consent of the adult and any spouse they may have is needed.
The people allowed to adopt under Arkansas law are:
(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 their 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.
Consent to an adoption of a minor is usually necessary from at least one parent.
Consent to adopt a minor is usually necessary from at least one parent --- usually, at minimum, the mother needs to consent. There are circumstances where the father’s consent may not be required. Still, usually, the father is entitled to notice, and his consent is required if the father:
(A) Was married to the mother at the time the minor was conceived or at any time after that;
(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 before 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).
Adoption can go through even if both parents object.
However, adoption can go through even if both parents object. If the moving party can show the parents failed to visit the child for a year OR can show they have been unable to support the child in any way financially. If a child is older than 12, they may object to the adoption, but the judge can overrule their wishes if the judge finds it is in the child’s best interests to be adopted.
This can be an issue if there was never an order to provide financial support for the child --- case law indicates that a parent cannot be expected to pay child support if they were never ordered to, but it can also be argued that a parent had a responsibility to provide support regardless of a Court order.
Sometimes, for example, there is a joint custody order, and no child support is ordered. Therefore, a parent should not be able to turn around and say there was no financial support. There are defenses to the allegation that a parent never visited the child or provided financially for them. If the petitioners have kept you from seeing the child and you have made bold, good faith efforts to do so. If your visitation is denied or you failed to pay child support for a year, you need to file a motion and pay before a year expires.
Say that you were unable to see your child or pay child support for a year. However, you rehabilitate yourself, pay all your back child support and see the child regularly in the following time. You can still have your rights terminated in 2019 when the step-parent files for adoption based on the year you could not support the child. So, you must act quickly to remedy this issue if you are nearing a year of no visitation or support. It would be helpful to keep proof of attempts to see the child or provide support, but you must file to enforce your visitation or pay child support. There are defenses to failure to support, but the best reason is to support your child.
Compensation for Adoption
Any parent or guardian who unlawfully accepts compensation or anything of value as a consideration for the relinquishment of a minor is guilty of a Class C felony. Do not bribe a parent or guardian to consent to an adoption. A parent or guardian may accept help for incidental costs like prenatal, delivery, and postnatal care, including reasonable housing, food, clothing, general maintenance, and medical expenses. If these are reimbursements for expenses incurred or fees for services rendered, it is acceptable. However, if it is paying the mother $10,000 directly for her consent, this is not legal.
New Rules for Adoption in Arkansas
There are new rules regarding adoptions in Arkansas, specifically as it relates to consent. This year, the State decided that a parent should be entitled to a representative to advise them on consent. The moving party must provide independent legal counsel for the parent. This choice could be murky grounds, as the statute does not mention who chooses the attorney. It is hard to see how there would be no bias with such “independent legal counsel.” However, it is better than the previous standard: the parent did not have to have an attorney to consent to an adoption.
This choice is not required if the moving party is a step-parent whose spouse:
is a natural or adoptive parent of the child to be adopted.
is related to the child to be adopted within the second degree.
is represented by an attorney pro bono.
You are also entitled to an interpreter if your first language is not English and shall be paid for by the petitioner.
Revoking Consent in an Adoption
You may revoke your consent within ten (10) calendar days, or, if a waiver of the ten-day period is elected, five (5) calendar days after the approval to adopt is signed, or the child is born, whichever is later, by filing an affidavit. If the due date falls on a holiday or weekend, it can be filed the next working day.
If you have a question or concern about adoption, call our Helpline at 501-376-3423, Monday-Friday.
AUTHOR: MISTY GRADY, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES