Can both my spouse and I adopt each other's children from prior relationships in Arkansas?

Yes, in Arkansas each spouse can ask the Circuit Court to adopt the other spouse's child. Arkansas lets a married person adopt alone when the spouse who is the child's parent consents, so you can adopt your spouse's child while your spouse adopts yours. This is often called a mutual or cross-adoption.

How it works in Arkansas:

• You petition to adopt your spouse's child, and your spouse gives written consent as that child's parent.
• Your spouse does the same for your child, and you give consent as that child's parent.
• Adoption petitions go to the Circuit Court in your county. Whether the court wants separate petitions or lets you combine them can vary, so the Circuit Court clerk in your county can tell you how they handle it.

What each adoption involves:

• Residency: Arkansas has no minimum residency period before you can file (A.C.A. § 9-9-205(a)).
• Other parent's consent: The child's other legal parent generally needs to consent, or there must be grounds to proceed without that consent. Abandonment is one such ground, and Arkansas uses a 12-month period for it (A.C.A. § 9-9-207). If the other parent is unknown, cannot be found, or objects, the facts matter a great deal, so ask the court clerk or an attorney about your specific situation.
• Child's consent: A child who is 12 or older must consent to being adopted (A.C.A. § 9-9-206). Younger children do not have a consent requirement.
• Home study: Arkansas waives the home study in stepparent adoptions (A.C.A. § 9-9-212).
• Other forms: Expect a petition for adoption, consent forms or grounds for waiver, your spouse's consent, and the court filing fee.

Timeline and cost: Stepparent adoptions in Arkansas typically take 3-6 months.