Can I adopt my special needs stepchild in Arkansas?

Yes, as a stepparent you can ask the Arkansas Circuit Court to approve the adoption of your special needs stepchild. The Arkansas rules we work from describe one stepparent adoption process and do not set out a separate one for children with special needs. If you wonder whether your child's diagnosis changes anything, the Circuit Court clerk in your county or an attorney can confirm that for your situation.

What Arkansas requires for a minor child:

• Court: You file a petition for adoption in the Circuit Court in your county.
• Residency: Arkansas has no minimum residency period (A.C.A. § 9-9-205(a)).
• Spouse's consent: Your spouse's consent to the adoption is part of the filing, along with the petition, consent forms or grounds for waiver, and the filing fee.
• Your child's consent: A child who is 12 or older must consent (A.C.A. § 9-9-206). Arkansas law on how this works when a disability affects your child's ability to understand or communicate is something to confirm with the clerk or an attorney.
• The other parent: If the other legal parent will not consent, abandonment for 12 months is the period Arkansas uses (A.C.A. § 9-9-207). Contested cases and unknown-parent situations depend heavily on the facts, so an attorney is the right person for those.
• Home study: A home study is waived in a stepparent adoption (A.C.A. § 9-9-212).
• Notice to others: Arkansas allows personal service by a sheriff or process server, or service by publication if a person's location is unknown after diligent efforts.

If your stepchild is already an adult: Many parents of children with special needs ask about this because the child has turned 18. Arkansas permits adult adoption: "any individual may be adopted" (A.C.A. § 9-9-203). A petition to adopt an adult may be granted only if the adult and the adult's spouse have given written consent. The court holds a hearing, and the petitioner and the person being adopted must appear unless the court excuses either one for good cause. How guardianship or decision-making arrangements fit with an adult adoption is a question for the clerk or an attorney. Adult adoptions are typically faster, at 4-8 weeks.

Benefits and coverage: Adoption can affect things like health insurance, school decisions and public benefits. Before you file, ask the agency that runs each program, such as your child's current coverage provider, how adoption would affect it. After the adoption, the Arkansas Department of Health Vital Records is the agency to ask about your child's birth record.

Timeline and cost:

• Stepparent adoptions in Arkansas typically take 3-6 months.