Can I adopt my stepchild if the biological parent's rights were already terminated in Arkansas?

Yes. A prior termination order doesn't stand in your way. It does much of the work for you, because a court has already ended the other parent's rights. Your petition asks the Arkansas Circuit Court to approve the adoption, and that earlier order becomes one of the central exhibits in your case.

Where you file: Your petition goes to the Circuit Court in the county where you or the child lives. Arkansas has 75 counties, and the clerk in yours can tell you about local filing procedures.

What to gather:

• A certified copy of the earlier termination order, plus the case number if you have it
• The Petition for Adoption
• Your spouse's written consent to the adoption (your spouse is the child's parent)
• Consents, or the grounds for proceeding without them, for anyone else whose consent the court may require
• The court filing fee

What about the other parent's consent? When a court has already terminated the other parent's rights, that order is what you show the court in place of a consent. Attach the certified copy and give the case number and court that entered it. If the order came from another state or a different type of case, ask the Circuit Court clerk how they want it presented; if it is on appeal or the other parent is actively challenging it, that is the time to talk with a local attorney. For reference, Arkansas also has a 12-month ground for a parent who has not communicated with or supported the child (A.C.A. § 9-9-207). In most stepparent adoptions the other parent never signs a consent and the judge approves the adoption anyway; in your case the termination order already does that work.

Requirements that apply to you:

• Residency: Arkansas has no minimum residency period before you can file (A.C.A. § 9-9-205(a)).
• Child's consent: If your stepchild is 12 or older, the child's consent is required (A.C.A. § 9-9-206).
• Home study: It is waived for stepparent adoptions (A.C.A. § 9-9-212).
• Hearing: Many uncontested adoptions finish within a few months; your county's court calendar sets the pace.

Cost: Court filing fees are set locally, so ask the Circuit Court clerk for the current amount. Our document package is $349 for the first child and $99 for each additional child; note the prior termination on the questionnaire and include the case number.