How old do you have to be to adopt in Arkansas?

In Arkansas, you must be an adult, meaning 18 or older, to adopt on your own. A married couple may also adopt together even if one or both spouses are minors (Ark. Code Ann. § 9-9-204). Arkansas treats anyone under 18 as a minor (Ark. Code Ann. § 9-9-202).

Who may adopt in Arkansas. Under Ark. Code Ann. § 9-9-204, the people who may adopt are:

• A husband and wife together, even if one or both are minors
• An unmarried adult
• The unmarried father or mother of the person being adopted
• A married person alone, if the spouse is a parent who consents, if the spouses are legally separated, or if the court excuses the spouse from joining

What this means for stepparents. If you are married to the child's parent, you can apply as a married person adopting alone when your spouse, the child's parent, consents. You can also apply together with your spouse. Your age matters less than your marital status and your spouse's consent.

Is there an age gap rule? Section 9-9-204 does not state a required age difference between you and the person you want to adopt. If you are unsure whether the age difference in your family matters, ask the Circuit Court clerk in your county or an attorney before you file.

Age of the person being adopted.

• Children: If the child is 12 or older, the child's own consent is part of the process (A.C.A. § 9-9-206).
• Adults: Arkansas allows adult adoption. "Any individual may be adopted" (A.C.A. § 9-9-203). The adult and the adult's spouse must give written consent. Adult adoptions typically take 4-8 weeks.

Other points that apply once you meet the age rules.

• Court: Your petition goes to the Circuit Court in your county.
• Residency: Arkansas sets no minimum residency period for the petitioner (A.C.A. § 9-9-205(a)).
• Home study: It is waived in the stepparent situation (A.C.A. § 9-9-212).
• Timeline: Stepparent adoptions typically take 3-6 months.
• Cost: Court filing fees run about $150-$300. The total is typically under $1,000 when you file without an attorney, compared with $3,000-$5,000+ for attorney representation.

When to get a second opinion. If the other birth parent has not consented or cannot be found, the steps depend on your facts. Arkansas addresses abandonment at 12 months (A.C.A. § 9-9-207), but whether it applies to you is a question for the Circuit Court clerk or an attorney. The same goes for any situation where you are unsure that you qualify under the age and marital-status rules.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm.