Can a same-sex stepparent adopt in Arkansas?

Yes. In Arkansas, a married person can adopt their spouse's child when that spouse is the child's parent and consents, and the petition is filed in the Circuit Court in your county. If you are a same-sex stepparent, you start from the same place as any other stepparent. Some details of your situation may depend on facts only the court can weigh, and those are covered below.

How the process works in Arkansas

• Court: You file a petition for adoption in the Circuit Court. Arkansas has 75 counties, and your county's clerk can tell you how local filing works.
• Residency: Arkansas has no minimum residency period for the petition (A.C.A. § 9-9-205(a)).
• Your spouse's consent: Your spouse, the child's parent, consents to the adoption. Arkansas allows a parent's consent at any time after the child's birth.
• The other legal parent: If there is another legal parent, the filing includes either that parent's consent or grounds for the court to go forward without it. Where the claim is abandonment, the period in the statute is 12 months (A.C.A. § 9-9-207).
• Child's consent: A child who is 12 or older gives consent (A.C.A. § 9-9-206).
• Home study: Home studies are waived for stepparent adoptions (A.C.A. § 9-9-212).
• Adopter age: Arkansas requires adopting parents to be either 21 or at least 10 years older than the child.
• Service: If the other parent must be notified, Arkansas allows personal service by a sheriff or process server. If that parent's location is unknown, service by publication is allowed after a diligent search.

Situations that depend on your facts

If you and your partner are not married, or the child's other legal parent is involved or contesting the adoption, the outcome depends on details specific to your family. The Arkansas information we work from says an unmarried adult may adopt, and that a married person may adopt alone when the spouse is a parent who consents. It does not spell out how the court treats every family structure. For a second-parent adoption without a marriage, a contested case, or an unknown parent, ask the Circuit Court clerk in your county or an attorney about your specific situation.

Cost and timeline

Court filing fees in Arkansas typically run $150-$300. The total cost of a stepparent adoption done without an attorney is typically under $1,000, compared with $3,000-$5,000+ with one.