Latest revision as of 02:23, 14 February 2018

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Adoption Laws

Notice: The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.

Consent to Adoption

Who Must Consent to an Adoption Citation: Ann. Code § 9-9-206

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

• The mother
• The father if he was married to the mother at the time the minor was conceived or at any time thereafter; the minor is his child by adoption; he has custody of the minor at the time the petition is filed; he has a written order granting him legal custody of the minor at the time the petition for adoption is filed; or he proves that a significant custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed
• Any person lawfully entitled to custody of the minor or empowered to consent
• 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
• The spouse of the minor to be adopted

Consent of Child Being Adopted Citation: Ann. Code § 9-9-206

A child age 12 or older must consent to the adoption unless, in the child’s best interests, the court dispenses with consent.

When Parental Consent Is Not Needed Citation: Ann. Code § 9-9-207

Consent to adoption is not required of:

• A parent who has deserted a child without affording means of identification or who has abandoned a child
• A parent of a child in the custody of another if the parent has failed significantly and without justifiable cause to communicate with the child or to provide for the care and support of the child for at least 1 year
• The father of a minor if the father’s consent is not required by § 9-9-206(a)(2)
• A parent who has relinquished the right to consent or whose rights have been terminated
• A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent
• Any parent of the adopted person if the adopted person is an adult
• Any legal guardian or custodian of the child, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who is found by the court to be withholding his or her consent unreasonably
• The spouse of the adopted person if the failure of the spouse to consent is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent
• A putative father of a minor who signed an acknowledgment of paternity or 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

When Consent Can Be Executed Citation: Ann. Code § 9-9-208

Consent to adoption shall be executed any time after the birth of the child.

How Consent Must Be Executed Citation: Ann. Code § 9-9-208

The required consent to adoption shall be executed in the following manner:

• If by the adopted person, in the presence of the court
• If by an agency, by the executive head, or other authorized representative, in the presence of a person authorized to take acknowledgments
• If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments
• If by a court, by appropriate order or certificate

A consent that does not identify the adopting parent is valid if the consent contains a statement by the person giving consent that the person voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent.

If the parent is a minor, the writing shall be signed by a court-ordered guardian ad litem who has been appointed by a judge of a court of record to appear on behalf of the minor parent for the purpose of executing consent. The signing shall be made in the presence of an authorized representative of the Arkansas licensed placement agency taking custody of the child, in the presence of a notary public, or in the presence and with the approval of a judge of a court of record of this State or any other State in which the minor was present at the time it was signed.

Revocation of Consent Citation: Ann. Code § 9-9-209

A consent to adoption cannot be withdrawn after the entry of a decree of adoption.

A consent to adopt may be withdrawn within 10 calendar days after it is signed or the child is born, whichever is later, by filing an affidavit with the probate clerk of the circuit court in the county designated by the consent as the county in which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed if there is no guardianship. If the 10-day period ends on a weekend or a legal holiday, the person may file the affidavit the next working day. No fee shall be charged for the filing of the affidavit.

The court may waive the 10-day period for filing a withdrawal of consent for agencies, minors over age 10 who consented to the adoption, or biological parents if a stepparent is adopting.

Criminal Background Checks for Prospective Foster and Adoptive Parents

Requirements for Foster Parents ^[1]

A foster parent and all household members age 10 and older, excluding children in foster care, shall be checked with the child maltreatment central registry in his or her State of residence and any State of residence in which the person has lived for the past 6 years.

A child in the custody of the Department of Human Services shall not be placed in the home of any foster parent unless all household members age 18 and older, excluding children in foster care, have been checked with the Identification Bureau of the Department of Arkansas State Police for convictions of the offenses listed below. In addition, a fingerprint-based criminal background check performed by the FBI in compliance with Federal law and regulation is required.

A foster child in the custody of the department shall not be placed in the home of any foster parent if the criminal records check reveals a felony conviction for:

• Child abuse or neglect
• Spousal abuse or domestic battery
• A crime against children, including child pornography
• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
• Aggravated assault on a family or household member
• Physical assault, battery, or a drug-related offense if the offense was committed within the past 5 years

Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification:

• Capital murder or first- and second-degree murder
• Kidnapping
• Rape
• First- or second-degree sexual assault
• Endangering the welfare of a minor in the first degree or second degree
• Incest
• Arson
• Endangering the welfare of an incompetent person
• Felony adult abuse

Requirements for Adoptive Parents Ann. Code §§ 9-9-212(b)(5)-(8); 9-28-116

The adoption home study shall include a State-of-residence criminal background check, if available, and national fingerprint-based criminal background check performed by the FBI on the adoptive parents and all household members age 18 and older, excluding children in foster care.

If a prospective adoptive parent has lived in a State for at least 6 years immediately prior to adoption, then only a State-of-residence background check shall be required.

If the Department of Human Services has responsibility for the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the FBI on the prospective adoptive parents and all household members age 18 or older, excluding children in foster care.

A child maltreatment central registry check shall be required for all household members age 10 and older, excluding children in foster care, as a part of the home study, if such a registry is available in their State of residence.

Additional national fingerprint-based criminal background checks performed by the FBI are not required for international adoptions as they are already a part of the requirements for adoption of the U.S. Department of Homeland Security Citizenship and Immigration Services.

A foster child in the custody of the department shall not be placed in the home of any adoptive parent if the criminal records check reveals a felony conviction for:

• Child abuse or neglect
• Spousal abuse or domestic battery
• A crime against children, including child pornography
• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
• Aggravated assault on a family or household member
• Physical assault, battery, or a drug-related offense if the offense was committed within the past 5 years

Any person who is found guilty of a criminal offense listed in § 9-28-409(h)(2) shall be excluded as an adoptive parent.

Grounds for Involuntary Termination of Parental Rights

Circumstances That Are Grounds for Termination of Parental Rights Ann. Code § 9-27-341

An order forever terminating parental rights shall be based upon a finding by clear and convincing evidence that it is in the best interests of the child, including consideration of one or more of the following grounds:

• The child has been found to be dependent-neglected and has been out of the custody of the parent for 12 months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent.
• The child has lived outside the home of the parent for a period of 12 months, and the parent has willfully failed to provide significant material support in accordance with the parent’s means or to maintain meaningful contact with the child.
• The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by terminating the parental rights of the presumptive legal father.
• A parent has abandoned the child.
• A parent has executed consent to termination of parental rights or adoption of the child.
• The court has found the child or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the child’s parent or stepparent.
• The parent has manifested the incapacity or indifference to remedy the parent’s circumstances that prevent return of the child to the custody of the parent. The inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies.
• The parent is incarcerated for a period of time that would constitute a substantial period of the child’s life.
• The parent is found by a court of competent jurisdiction, including the juvenile division of circuit court, to have:
  • Committed murder or manslaughter of any child or to have aided or abetted, attempted, conspired, or solicited to commit such crime
  • Committed a felony battery that results in serious bodily injury to any child or to have aided or abetted, attempted, conspired, or solicited to commit such crime
  • Subjected any child to aggravated circumstances
  • Had his or her parental rights involuntarily terminated as to a sibling of the child
  • Abandoned an infant, as defined by § 9-27-303(2)

‘Aggravated circumstances’ means:

• A child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been made by a judge that there is little likelihood that services to the family will result in successful reunification.
• A child has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three or more times in the past 15 months.

Circumstances That Are Exceptions to Termination of Parental Rights

This issue is not addressed in the statutes reviewed.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Home Study Requirements for Prospective Parents in Domestic Adoption

Who Must Be Studied Citation: Rules & Regs. 016 15 CARR 005, § 300

Each member of the adoptive family shall be included in the approval process.

Agency or Person Conducting the Study Citation: Rules & Regs. 016 15 CARR 005, § 300

The social worker or agency shall conduct the home study.

Qualifications for Adoptive Parents Citation: Rules & Regs. 016 15 CARR 005, § 300

In a two-parent home, the husband and wife shall provide verification that they have been married at least 2 years.

Each member of the adoptive household shall have a physical exam within 6 months prior to the approval by the social worker or agency conducting the home study, and annually thereafter until placement, to ensure that no person has a health condition or disability that would interfere with the family’s ability to care for a child.

All members of the household older than age 12 shall receive a Mantoux skin test for tuberculosis every 3 years, as long as test results remain negative.

Elements of a Home Study Citation: Rules & Regs. 016 15 CARR 005, § 300

The adoptive home study shall contain the information required by regulation, including the following:

• The mental health, emotional stability, and maturity of the applicants
• The physical health of all household members
• The financial status and stability of the family, including verification of income and employment
• At least three confidential personal references
• The family’s ability to cope with stress, loss, and crisis
• Adjustment and well-being of any minors residing in the home
• The family’s child-caring skills and willingness to acquire additional skills
• The family’s discipline practices and religious affiliation
• An assessment of the safety of the home, including all water hazards, dangerous pets, and firearm safety
• A statement regarding the availability and results from criminal records and child maltreatment central registry checks, dated to within 1 year prior to placement
• The stability of the adoptive family and their marriage, if applicable

Grounds for Withholding Approval Citation: Rules & Regs. 016 15 CARR 005, § 300

A minor may not be adopted if the individual seeking to adopt is cohabiting with a sexual partner outside of a marriage that is valid under the constitution and laws of this State. This prohibition applies equally to cohabiting opposite-sex and same-sex individuals.

When Studies Must Be Completed Citation: Rules & Regs. 016 15 CARR 005, § 300

The adoptive home study must be current to within 1 year prior to each adoptive placement.

Postplacement Study Requirements Citation: Rules & Regs. 016 15 CARR 005, § 300

The agency caseworker shall ensure that at least two postplacement visits in person are made before the final decree of adoption is issued, or the stipulated time of the fulfillment of the interlocutory decree. One of the visits shall be in the home of the adoptive family.

Exceptions for Stepparent or Relative Adoptions Citation: Ann. Code § 9-9-211

The requirement to file with the court a report of expenditures connected to the adoption does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child, or to an adoption in which the adopted person is an adult, or where the petitioner and the minor are related in the second degree.

Requirements for Interjurisdictional Placements Citation: Ann. Code § 9-29-201

Sending a child to another State for placement in an adoptive home or receiving a child from another State for placement in an adoptive home is subject to the provisions of the Interstate Compact on the Placement of Children.

Foster to Adopt Placements Citation: Ann. Code § 9-9-701(f)

A family that 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.

Upon selection, the department shall complete the adoptive home study within 45 business days. The department shall not require the foster family to attend training.

Infant Safe Haven Laws

Infant’s Age Citation: Ann. Code § 9-34-202

A child who is 30 days old or younger may be relinquished.

Who May Relinquish the Infant Citation: Ann. Code §§ 9-34-202; 5-27-205(c)

A child may be relinquished by his or her parent or a person designated by the parent.

Who May Receive the Infant Citation: Ann. Code § 9-34-202

The child may be left with any medical provider or law enforcement agency.

Responsibilities of the Safe Haven Provider Citation: Ann. Code §§ 9-34-202; 9-34-203

Any medical provider or law enforcement agency shall, without a court order, take possession of a child who is 30 days old or younger if the child is left with or voluntarily delivered to the medical provider or law enforcement agency by the child’s parent who does not express an intent to return for the child.

A medical provider or law enforcement agency that takes possession of a child shall perform any act necessary to protect the physical health and safety of the child.

Upon delivery of the child, the law enforcement officer or an appropriate hospital employee shall take the child into protective custody for 72 hours and immediately notify the Division of Children and Family Services of the Department of Human Services.

Immunity for the Provider Citation: Ann. Code § 9-34-202

A medical provider or law enforcement agency shall incur no civil or criminal liability for any good-faith acts or omissions performed pursuant to this section.

Protection for Relinquishing Parent Citation: Ann. Code § 5-27-205(c)

The fact that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency serves as an affirmative defense to a prosecution for endangering the child.

This section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency.

Effect on Parental Rights Citation: Ann. Code § 9-34-203

The department will initiate a dependency action [to place the child in a permanent home].

Regulation of Private Domestic Adoption Expenses

Birth Parent Expenses Allowed Citation: Ann. Code § 9-9-206(c)

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.

Birth Parent Expenses Not Allowed

This issue is not addressed in the statutes reviewed.

Allowable Payments for Arranging Adoption

This issue is not addressed in the statutes reviewed.

Allowable Payments for Relinquishing Child Citation: Ann. Code § 9-9-206(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.

Allowable Fees Charged by Department/Agency Citation: Code of Rules and Regs., 016 15 CARR 003

The Department of Human Services, Division of Children and Family Services, will assess fees for adoption services provided, as follows:

• Home study: $250
• Supervision: $25 per hour
• Criminal record check: $15 per request

The cost to the family may be adjusted according to a sliding fee schedule, based on annual gross income and family size.

Accounting of Expenses Required by Court Citation: Ann. Code § 9-9-211

Before the adoption petition is heard, the petitioner shall file with the court a full accounting report 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:

• The birth of the minor
• Placement of the minor with the petitioner
• Medical or hospital care received by the mother or the minor during the mother’s prenatal care and confinement
• Services relating to the adoption or to the placement of the minor for adoption that were received by or on behalf of the petitioner, either natural parent of the minor, or any other person
• Fees charged by all attorneys involved in the adoption, including those fees charged by out-of-State attorneys

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.

The petitioner shall file a signed, sworn affidavit verifying that all expenses have been truthfully listed and shall be informed by the court as to the consequences of knowingly making false material statements.

The Rights of Unmarried Fathers

Legal Definition of Father Ann. Code § 20-18-701

As used in this subchapter:

• ‘Father’ means the biological male parent of a child.
• ‘Putative father’ means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

Paternity Registry Ann. Code § 20-18-702

There is established in the Division of Health of the Department of Health and Human Services a Putative Father Registry. The purpose of the registry is to entitle putative fathers to notice of legal proceedings pertaining to the child for whom the putative father has registered.

A putative father shall establish a significant custodial, personal, or financial relationship with the child before the putative father’s rights attach.

Alternate Means to Establish Paternity Ann. Code §§ 9-10-120; 9-10-108(b)

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.

Acknowledgments of paternity shall constitute a conclusive finding of paternity and shall be recognized by the chancery courts as creating a parent and child relationship between father and child.

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.

The appearance of the name of the father with his consent on the certificate of birth, the Social Security account number of the alleged father filed with his consent with the Division of Vital Records of the Department of Health of this State pursuant to § 20-18-407, a certified copy of the certificate or records on which the name of the alleged father was entered with his consent from the vital records department of another State, or the registration of the father with his consent in the putative father registry of this State pursuant to § 20-18-702, shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such in a proceeding for paternity establishment.

Required Information Ann. Code § 20-18-702

Upon receipt of a written statement signed and acknowledged by the registrant before a notary public, the registry shall record the following information:

• The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court
• The name, last known address, and Social Security number, if known, of the mother of the child
• The name of the child, if born, and the location and date of birth, if known
• The date and time of receipt, which the division shall note on the written statement signed and acknowledged by the registrant

The division shall provide a form to be used by the registrant. There shall be no fee required of the registrant to file the affidavit.

The registry may accept the information prior to the birth of the child or at any time prior to the filing of a petition for adoption.

The registry shall forward a copy of the information to the mother as notification that the person has registered with the registry. The registry shall maintain cross-reference indices by the name of the mother and the name of the child, if known.

Revocation of Claim to Paternity Ann. Code § 20-18-703

Information supplied to the Putative Father Registry may be revoked by a written statement, signed and acknowledged by the registrant before a notary public.

The statement shall include a declaration that, to the best of the registrant’s knowledge and belief, he is not the father of the named child or that a court has adjudicated paternity and someone other than the registrant has been determined to be the father of the child.

Revocation shall be effective only after the birth of the child.

Access to Information Ann. Code § 20-18-704

The Division of Health of the Department of Health and Human Services shall make available to attorneys the telephone number of the Putative Father Registry for purposes of inquiry for a putative father’s name and address contained in the registry.

Information contained in the registry shall be admissible in any court proceeding in any court in this State.

Upon receipt of a written request, information from the registry for a named putative father, natural mother, or child may be furnished to:

• The registrant
• The mother
• The child
• The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration
• A prosecuting attorney or an attorney acting on behalf of his or her client in litigation involving the determination of paternity or support for the child or an adoption of the child

Upon request, the division shall furnish, through electronic data exchange or otherwise, a copy of the registry to the office for use in establishing paternity and support obligations. Otherwise, registry information shall be considered confidential and may not be disclosed. Registry information shall not be subject to the Freedom of Information Act of 1967, § 25-19-101, et seq.

Use of Advertising and Facilitators in Adoptive Placements

Use of Advertisement

This issue is not addressed in the statutes reviewed.

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed.

Who May Adopt, Be Adopted, or Place a Child for Adoption?

Who May Adopt Citation: Ann. Code § 9-9-204

The following persons may adopt:

• A husband and wife together, although one or both are minors
• An unmarried adult
• The unmarried parent of the person to be adopted
• A married individual without his or her spouse if:
  • The spouse is a parent of the individual to be adopted and consents to the adoption.
  • The petitioner and his or her spouse are legally separated.
  • The failure of the 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.

Who May Be Adopted Citation: Ann. Code § 9-9-203

Any individual may be adopted.

Who May Place a Child for Adoption Citation: Ann. Code §§ 9-9-202; 9-9-206

A child may be placed for adoption by or consent may be given by any of the following:

• The parent of the child
• Any person lawfully entitled to custody of the child or empowered to consent
• An agency that has been licensed to place minors for adoption

Post-Adoption Laws

Access to Adoption Records

Who May Access Information Citation: Ann. Code §§ 9-9-504; 9-9-505

Nonidentifying information is available to:

• The adoptive parents of the child or the child’s guardian
• The adopted person
• If the adopted person has died, the adopted person’s children, widow or widower, or the guardian of any child of the adopted person
• The birth parent of the adopted person
• Any child welfare agency having custody of the adopted person

Access to identifying information is available to the adult adopted person, the birth parents, and any person related within the second degree through the Adoption Registry.

Access to Nonidentifying Information Citation: Ann. Code § 9-9-505

Nonidentifying information is available upon request to any person listed above. Nonidentifying information includes the health, genetic, and social history of the child.

Mutual Access to Identifying Information Citation: Ann. Code § 9-9-504

A person eligible to register may request the disclosure of identifying information by filing an affidavit with the adoption registry that includes the following:

• The person’s current name and address
• Any previous name by which the applicant was known
• The original and adopted names, if known, of the adopted person
• The place and date of birth of the adopted person
• The name and address of the adoption agency or other entity, organization, or person placing the adopted person, if known

The applicant shall notify the registry of any change in name or location that occurs subsequent to his or her filing the affidavit. The registry shall have no duty to search for an applicant who fails to register his or her most recent address.

The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adopted person and the birth parents or other relatives. The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the applicants match.

The administrator shall determine that there is a match when the adult adopted person and a birth parent or other relative have filed affidavits with the adoption registry and have each received the required counseling.

Access to Original Birth Certificate Citation: Ann. Code § 20-18-406

The original birth certificate is available only upon a court order or as provided by regulation.

Where the Information Can Be Located

• Arkansas Mutual Consent Voluntary Adoption Registry
• The licensed agency involved in the adoption

Intestate Inheritance Rights for Adopted Persons

Birth Parents in Relation to Adopted Person Citation: Ann. Code § 9-9-215

The adoption decree relieves the birth parents of the adopted person of all parental rights and responsibilities and terminates all legal relationships between the adopted person and his or her birth relatives, including his or her birth parents, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes including inheritance.

Adoptive Parents in Relation to Adopted Person Citation: Ann. Code § 9-9-215

The adoption decree creates the relationship of parent and child between the adoptive parent and the adopted person, as if the adopted person were a legitimate blood descendant of the petitioner, for all purposes including inheritance.

Adopted Persons Who Are Not Included in a Will Citation: Ann. Code § 28-39-407

Whenever a child was adopted by a person after he or she has made his or her will, and the person dies leaving the adopted child not mentioned or provided for in his or her will, either specifically or as a member of a class, the person shall be deemed to have died intestate with respect to the child. The child shall be entitled to recover from the estate, in proportion to the amounts of the respective shares of other heirs, that portion of the estate which he or she would have inherited had there been no will.

Postadoption Contact Agreements Between Birth and Adoptive Families

These issues are not addressed in the statutes reviewed.

Laws Related to Intercountry Adoption

Effect and Recognition of a Foreign Adoption Decree

Ann. Code § 9-9-218 A decree of court establishing the relationship of parent and child 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.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate

Ann. Code § 20-18-406(f)

The State Registrar of Vital Statistics will, upon request, prepare and register an Arkansas certificate of birth for a foreign-born person who is not a U.S. citizen and for whom a final decree of adoption was entered by an Arkansas court when it receives:

• A certificate of adoption
• Proof of the date and place of adopted child’s birth
• A request by the court decreeing the adoption, the adoptive parents, or the adoptee if he or she is age 18 or older

After preparation of the certificate in the new name of the adoptee, the State Registrar of Vital Statistics will seal and file the report of adoption that will not be unsealed except upon court order or as provided by State law.

The birth certificate will show the actual foreign country of birth and will state that it is not evidence of U.S. citizenship for the child.

References

Template:Reflist

Sources

Child Welfare Information Gateway. "State Recognition of Intercountry Adoptions Finalized Abroad." State Statute Series. www.childwelfare.gov/systemwide/laws_policies/statutes/intercountry.cfm Published 2011.

Child Welfare Information Gateway. "Collection of Family Information About Adopted Persons and Their Birth Families." www.childwelfare.gov/adoption/laws/domestic.cfm Published 2012

Child Welfare Information Gateway. "Consent to Adoption." www.childwelfare.gov/adoption/laws/domestic.cfm Published 2013

Child Welfare Information Gateway. "Criminal Background Checks for Prospective Foster and Adoptive Parents." www.childwelfare.gov/adoption/laws/domestic.cfm Published 2011

Child Welfare Information Gateway. "Grounds for Involuntary Termination of Parental Rights." www.childwelfare.gov/adoption/laws/domestic.cfm Published 2013

Child Welfare Information Gateway. "Home Study Requirements for Prospective Parents in Domestic Adoption." www.childwelfare.gov/adoption/laws/domestic.cfm Washington, DC: US Department of Health and Human Services, Children's Bureau. Published 2012

Child Welfare Information Gateway. "Infant Safe Haven Laws." www.childwelfare.gov/adoption/laws/domestic.cfm Washington, DC: US Department of Health and Human Services, Children's Bureau. Published 2013

Child Welfare Information Gateway. "Regulation of Private Domestic Adoption Expenses." www.childwelfare.gov/adoption/laws/domestic.cfm Washington, DC: US Department of Health and Human Services, Children's Bureau. Published 2013

Child Welfare Information Gateway. "The Rights of Unmarried Fathers." Washington, DC: US Department of Health and Human Services, Children's Bureau. www.childwelfare.gov/adoption/laws/domestic.cfm Published 2010

Child Welfare Information Gateway. "Use of Advertising and Facilitators in Adoptive Placements." Washington, DC: US Department of Health and Human Services, Children's Bureau. www.childwelfare.gov/adoption/laws/domestic.cfm Published 2012

Child Welfare Information Gateway. "Who May Adopt, Be Adopted, or Place a Child for Adoption?." Washington, DC: US Department of Health and Human Services, Children's Bureau. www.childwelfare.gov/adoption/laws/domestic.cfm Published 2012

Source

Child Welfare Information Gateway. U.S. Department of Health and Human Services Administration for Children and Families. www.childwelfare.gov/adoption/laws/domestic.cfm#sss

References

1. ↑ Ala. Code §§ 38-13-3(2) & (5); 38-13-2(30)