What are Arkansas's adoption laws?

Arkansas adoption is governed by Arkansas Code Annotated Title 9, Chapter 9, and adoption cases are heard in the Circuit Court (specifically its probate division, or its juvenile division when it handles adoptions) in one of Arkansas's 75 counties. Here is what matters most if you are a parent or stepparent considering a stepparent adoption.

Who can adopt: A husband and wife may adopt together, even if one or both are minors. An unmarried adult (18 or older) may adopt, as may the unmarried mother or father of the person being adopted. A married person may adopt alone in certain situations, such as when the spouse is a parent who consents or when the court excuses the spouse from joining. These rules are in A.C.A. § 9-9-204.

Residency: Arkansas has no minimum residency period for the petitioner (A.C.A. § 9-9-205(a)). You file in the Circuit Court in the right county, and the clerk there can confirm which county applies to your situation.

Consent: Consent is a central part of Arkansas adoption. You will need consent forms, or grounds for waiving consent, along with your spouse's consent to the adoption. Arkansas allows consent to be given any time after the child's birth. A child who is 12 or older also has a consent role (A.C.A. § 9-9-206). For an adult adoption, written consent must come from the adult being adopted and that adult's spouse.

Abandonment: Arkansas law uses a 12-month period when a parent has abandoned a child (A.C.A. § 9-9-207). Whether it applies depends entirely on your family's facts, so if the other parent will not consent or cannot be found, talk to the Circuit Court clerk or an attorney about your specific situation. Arkansas does not treat termination of parental rights as a separate step for stepparent adoptions.

Home study: For stepparent adoptions, the home study is waived (A.C.A. § 9-9-212). For adult adoptions, no home study is required unless the court directs one.

Notice to other parties: Arkansas allows personal service by a sheriff or process server, and service by publication if a person's location is unknown after diligent efforts to find them.

Adult adoption: Arkansas permits it. Any individual may be adopted (A.C.A. § 9-9-203), and an adult is anyone 18 or older. A hearing is required, and the petitioner and the adult being adopted must attend unless the court excuses them for good cause.

Timeline: A stepparent adoption of a minor typically takes 3-6 months.