ADOPTION

The majority of adoptions are by step-parents or grandparents.  My overview here will therefore primarily focus on step-parent and grandparent adoptions.  Adoptions involving those who are not a step-parent or grandparent are more complicated and have several additional requirements to the typical adoption, such as a "home study" requirement and a report of expenditures. 

Consent.  Adoptions may be contested or uncontested.  In an uncontested case, all required parties sign a consent to the adoption.  Parties who are usually required to consent are the mother, father (adopted or biological), any person legally entitled to custody, legal guardian, minor if older than 10 years old, and the spouse of the person to be adopted if that person is married.  However, that person's consent may not be required if:  parent abandoned or deserted the child, parent has not provide care, support, and communication with the child for one year or longer, parent who has had his or her rights terminated, any parent of the individual to be adopted if the individual is an adult, a parent who has be judicially determined incompetent, and a legal guardian who does not respond within 60 days after a request to consent are some of the exceptions to consent.  A consent may be withdrawn 10 days after it has been given.

Process to Adopt.  The first step in any case is to determine who must either consent or in the alternative be given notice of the adoption.  Obtain all consents.  Second:  file a petition for adoption with consents attached with the court clerk.  Third:  serve notice (on all individuals who consent is required but did not consent) of the petition and hearing date with said notice being given 20 days before the hearing is to occur.  If you cannot get everyone served, you must publish a warning order in the local newspaper.  Fourth:  home study and report of expenses for adoptions not involving step-parents or grandparents.  Fifth:  hearing.  Sixth:  Decree of Adoption.  Seventh:  obtain substituted birth certificates.

Effect of Adoption. The Decree of Adoption for all legal purposes makes the adoptive parent the true parent of the adoptive child.  If the adoptive father divorces the biological mother, then the father has the right to visitation and will be obligated to pay child support.  The adoptive child will inherit from the adoptive parent just like a biological child would.  All ties to the former parent and that parent's relatives are severed, including rights of visitation, support and inheritance.  The adoption may not be set aside after 1 year from the Decree of Adoption has passed.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 9. ADOPTION
SUBCHAPTER 2. REVISED UNIFORM ADOPTION ACT

Arkansas Code Annotated Section 9-9-202:  Definitions.

As used in this subchapter, unless the context otherwise requires: 
(1)  "Child" means a son or daughter, whether by birth or by adoption; 
(2)  "Court" means all probate courts in this state, or the juvenile divisions of the chancery courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 - 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption; 
(3)  "Minor" means an individual under the age of eighteen (18) years; 
(4)  "Adult" means any individual who is not a minor; 
(5)  "Agency" means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption; 
(6)  "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity; 
(7)  "Abandonment" means the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment; 
(8)  "Neglect" means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child: 
      (a)  To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or 
      (b)  To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment. 
(9)  "Refusal to consent" means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental rights contrary to the best interest of the child; 
(10)  "Abuse" means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an injury which is at variance with the history given of it.

Arkansas Code Annotated Section 9-9-203:  Who May Be Adopted.

Any individual may be adopted. 

Arkansas Code Annotated Section 9-9-204:  Who May Adopt.

The following individuals may adopt: 
(1)  A husband and wife together although one or both are minors; 
(2)  An unmarried adult; 
(3)  The unmarried father or mother of the individual to be adopted; 
(4)  A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not his spouse; and if: 
     (i)  The other spouse is a parent of the individual to be adopted and consents to the adoption; 
     (ii)  The petitioner and the other spouse are legally separated; or 
     (iii)  The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

Arkansas Code Annotated Section 9-9-206:  Persons Required to Consent to Adoption - Consideration for Relinquishing Minor For Adoption.

(a)  Unless consent is not required under § 9-9-207, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by: 
     (1)  The mother of the minor; 
     (2)  The father of the minor if the father was married to the mother at the time the minor was conceived or at any time thereafter, the minor is his child by adoption, he has custody of the minor at the time the petition is filed, or he has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought; 
     (3)  Any person lawfully entitled to custody of the minor or empowered to consent; 
     (4)  The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption; 
     (5)  The minor, if more than ten (10) years of age, unless the court in the best interest of the minor dispenses with the minor's consent; and 
     (6)  The spouse of the minor to be adopted. 
(b)  A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse. 
(c)  Under no circumstances may a parent or guardian of a minor receive a fee, compensation, or any other thing of value as a consideration for the relinquishment of a minor for adoption. However, incidental costs for prenatal, delivery, and postnatal care may be assessed, including reasonable housing costs, food, clothing, general maintenance, and medical expenses, if they are reimbursements for expenses incurred or fees for services rendered. Any parent or guardian who unlawfully accepts compensation or any other thing of value as a consideration for the relinquishment of a minor shall be guilty of a Class C felony.

Arkansas Code Annotated Section 9-9-207:  Persons as to Whom consent Not Required.

(a)  Consent to adoption is not required of: 
     (1)  A parent who has deserted a child without affording means of identification or who has abandoned a child; 
     (2)  A parent of a child in the custody of another, if the parent for a period of at least one (1) year has failed significantly without justifiable cause (i) to communicate with the child or (ii) to provide for the care and support of the child as required by law or judicial decree; 
     (3)  The father of a minor if the father's consent is not required by § 9-9-206(a)(2); 
     (4)  A parent who has relinquished his right to consent under § 9-9-220; 
     (5)  A parent whose parental rights have been terminated by order of court under § 9-9-220; 
     (6)  A parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent; 
     (7)  Any parent of the individual to be adopted, if the individual is an adult; 
     (8)  Any legal guardian or lawful custodian of the individual to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of sixty (60) days or who, after examination of his written reasons for withholding consent, is found by the court to be withholding his consent unreasonably; or 
     (9)  The spouse of the individual to be adopted, if the failure of the spouse to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent. 
(b)  Except as provided in §§ 9-9-212 and 9-9-224, notice of a hearing on a petition for adoption need not be given to a person whose consent is not required or to a person whose consent or relinquishment has been filed with the petition. 

Arkansas Code Annotated Section 9-9-208:  How Consent Is Executed.

(a)  The required consent to adoption shall be executed at any time after the birth of the child and in the manner following: 
     (1)  If by the individual to be adopted, in the presence of the court; 
     (2)  If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments; 
     (3)  If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments; 
     (4)  If by a court, by appropriate order or certificate. 
(b)  A consent which does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person whose consent it is that the person consenting voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent. 
(c)  If the parent is a minor, the writing shall be signed by a court-ordered guardian ad litem, who has been appointed by a judge of a court of record in this state to appear on behalf of the minor parent for the purpose of executing consent.  The signing shall be made in the presence of an authorized representative of the Arkansas licensed placement agency taking custody of the child, or in the presence of a notary public, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed.

Arkansas Code Annotated Section 9-9-209:  Withdrawal Of Consent.

(a)  A consent to adoption cannot be withdrawn after the entry of a decree of adoption. 
(b) (1)  A consent to adopt may be withdrawn within ten (10) calendar days after it is signed or the child is born, whichever is later, by filing an affidavit with the clerk of the probate court in the county designated by the consent as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period ends on a weekend or a legal holiday, the person may file the affidavit the next working day. No fee shall be charged for the filing of the affidavit. The ten-day period for filing a withdrawal of consent shall not apply to agencies as defined by § 9-9-202(5). 
     (2)  The consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate court clerk of the county in which the guardianship will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship.

Arkansas Code Annotated Section 9-9-210:  Petition For Adoption.

(a)  A petition for adoption signed and verified by the petitioner, shall be filed with the clerk of the court, and state: 
     (1)  The date and place of birth of the individual to be adopted, if known; 
     (2)  The name to be used for the individual to be adopted; 
     (3)  The date the petitioner acquired custody of the minor and of placement of the minor and the name of the person placing the minor; and a statement as to how petitioner acquired custody of the minor; 
     (4)  The full name, age, place, and duration of residence of the petitioner; 
     (5)  The marital status of the petitioner, including the date and place of marriage, if married; 
     (6)  That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor to be adopted and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be adopted; 
     (7)  A description and estimate of value of any property of the individual to be adopted; 
     (8)  The name of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances which excuse the lack of his normally required consent, to the adoption; and 
     (9)  In cases involving a child born to a mother unmarried at the time of the child's birth, a statement that an inquiry has been made to the putative father registry and either: 
          (A)  No information has been filed in regard to the child born to this mother; or 
          (B)  Information is contained in the registry. 
(b)  A certified copy of the birth certificate or verfication of birth record of the individual to be adopted, if available, and the required consents and relinquishments shall be filed with the clerk.

Arkansas Code Annotated Section 9-9-212:  Hearing On Petition - Requirements.

(a)  Before any hearing on a petition, the period in which the relinquishment may be withdrawn under § 9-9-220 or in which consent may be withdrawn under § 9-9-209, whichever is applicable, must have expired. No orders of adoption, interlocutory or final, may be entered prior to the period for withdrawal.  After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition.  At least twenty (20) days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by the petitioner to (1) any agency or person whose consent to the adoption is required by this subchapter but who has not consented;  and (2) a person whose consent is dispensed with upon any ground mentioned in § 9-9-207(a)(1), (2), (6), (8), and (9).  When the petitioner alleges that any person entitled to notice cannot be located, the court shall appoint an attorney ad litem who shall make a reasonable effort to locate and serve notice upon the person entitled to notice; and upon failing to so serve actual notice, the attorney ad litem shall publish a notice of the hearing directed to the person entitled to notice in a newspaper having general circulation in the county one (1) time a week for four (4) weeks, the last publication being at least seven (7) days prior to the hearing. Prior to the hearing, the attorney ad litem shall file a proof of publication and an affidavit reciting the efforts made to locate and serve actual notice upon the person entitled to notice. 
(b)  Upon the filing of a petition for adoption, the court shall order an investigation be made by the Department of Human Services or any other licensed agency or person designated by the court, including any agency licensed under §§ 9-28-401 - 9-28-411 and any licensed social worker, including licensed social workers who are residents of the same state of a petitioner so wishing to adopt a child in Arkansas. If such investigation is performed by a nonresident, such investigator need not be licensed to make child placements. All investigations shall be prepared and submitted in conformity with the Arkansas Child Placement Licensing Act, § 9-28-401 et seq. [repealed]. The investigation need not be ordered if an investigation report has been submitted and reviewed by the court with the petition for adoption. The investigation shall inquire into the conditions and antecedents of a minor sought to be adopted and of the petitioner for the purpose of ascertaining whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor. A written report of the investigation shall be filed with the court by the investigator before the petition is heard. The report of the investigation shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or minor. The report of the investigation shall include a state criminal background check and national fingerprint-based criminal background check. If a prospective adoptive parent has lived in a state for at least six (6) years immediately prior to adoption, then only a state criminal background check shall be required. A child maltreatment central registry check shall be required for all family members age fourteen (14) and older as a part of the investigation, if such a registry is available in their state of residence. Additional national fingerprint-based criminal background checks are not required for international adoptions as they are already a part of the U. S. Department of Immigration and Naturalization (INS) requirements for adoption. Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks and shall be required to cooperate with the requirements of the Department of Arkansas State Police and the child maltreatment central registry, if available, with regard to the criminal and central registry background checks, including but not limited to signing a release of information. Upon completion of the criminal record checks, the Department of Arkansas State Police shall forward all information obtained to either the Department of Human Services if they are making the investigation, or to the agency, licensed social worker, or other person designated by the court who is making the investigation, or to the court in which the adoption petition has been or will be filed. The probate/chancery clerk of the county where the petition for adoption has been or will be filed shall keep a record of the national fingerprint-based criminal background checks for the court. The court shall further order that a report of the investigation shall be filed with the court by the investigator within sixty (60) working days from the issuance of the order for investigation, unless time therefor is extended by the court. The court shall not enter any order respecting the placement of the minor for adoption until the investigation report has been submitted and reviewed by the court. 
(c)  Unless directed by the court, an investigation and report is not required in cases in which the person to be adopted is an adult. The court may also waive the requirement for an investigation report when a stepparent is the petitioner or the petitioner and the minor are related to each other in the second degree. 
(d)  The Department of Human Services or the agency or persons designated by the court to make the required investigation may request other departments or agencies within or without this state to make investigations of designated portions of the inquiry as may be appropriate and to make a written report thereof as a supplemental report to the court and shall make similar investigations and reports on behalf of other agencies or persons designated by the courts of this state or another place. 
(e)  After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented. The court may order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the persons involved. 
(f)  Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs. Proof of the giving of the notice shall be filed with the court before the petition is heard. Where consent is not required, notice may be by certified mail with return receipt requested. 
(g)  When one (1) parent of a child or children is deceased, and the parent-child relationship has not been eliminated at the time of death, and adoption proceedings are instituted subsequent to such decease, the parents of the deceased parent shall be notified under the procedures prescribed in this subchapter of such adoption proceedings.

Arkansas Code Annotated Section 9-9-215:  Effect of Decree of Adoption.

(a)  A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state: 
      (1)  Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the natural parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his natural relatives, including his natural parents, so that the adopted individual thereafter is a stranger to his former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship. However, in cases where a natural or adoptive parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the Court may grant visitation rights to the parents of the deceased natural or adoptive parent of the child if such parents of the deceased natural or adoptive parent had a close relationship with the child prior to the filing of a petition for step-parent adoption, and if such visitation rights are in best interests of the child. The foregoing provision shall not apply to the parents of a deceased putative father who has not legally established his paternity prior to the filing of a petition for adoption by a step-parent. For the purposes of this section, "step-parent" means an individual who is the spouse or surviving spouse of the natural or adoptive parent of a child but who is not a natural or adoptive parent of the child. 
      (2)  To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect. 
(b)  An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory decree of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons which have not become vested shall be governed accordingly.

Arkansas Code Annotated Section 9-9-216:  Appeal From And Validation of Adoption Decree.

(a)  An appeal from any final order or decree rendered under this subchapter may be taken in the manner and time provided for appeal from a judgment in a civil action. 
(b)  Subject to the disposition of an appeal, upon the expiration of one (1) year after an adoption decree is issued, the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor or, in the case of the adoption of an adult, the adult had no knowledge of the decree within the one-year period.

Arkansas Code Annotated Section 9-9-220:  Relinquishment and Termination of Parent and Child Relationship.

(a)  With the exception of the duty to pay child support, the rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption, may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as provided in this section. The duty of a parent to pay child support shall continue until an interlocutory decree of adoption is entered. 
(b)  All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by an adult parent, subject to the court's approval.  If the parent is a minor, the writing shall be signed by a guardian ad litem who is appointed to appear on behalf of the minor parent for the purpose of executing such a writing. The signing shall occur in the presence of a representative of an agency taking custody of the child, or in the presence of a notary public, whether the agency is within or without the state, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed. The relinquishment shall be executed in the same manner as for a consent to adopt under § 9-9-208. 
      (1) (A)  The relinquishment may be withdrawn within ten (10) calendar days after it is signed or the child is born, whichever is later. 
                  (i)  Notice of withdrawal shall be given by filing an affidavit with the clerk of the probate court in the county designated by the writing as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. 
                  (ii)  No fee shall be charged for the filing of the affidavit. 
            (B)  The relinquishment shall state that the parent has this right of withdrawal, and shall provide the address of the probate court clerk of the county in which the guardianship will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship; or 
      (2)  In any other situation, if notice of the adoption proceeding has been given to the parent and the court finds, after considering the circumstances of the relinquishment and the continued custody by the petitioner, that the best interest of the child requires the granting of the adoption. 
(c)  In addition to any other proceeding provided by law, the relationship of parent and child may be terminated by a court order issued under this subchapter on any ground provided by other law for termination of the relationship, or on the following grounds: 
      (1)  Abandonment; 
            (A)  A child support order shall provide notice to the non-custodial parent that failure to pay child support or to visit the child for at least one (1) year shall provide the custodial parent with the right to initiate proceedings to terminate the parental rights of the non-custodial parent. 
            (B)  If the notification clause required by subdivision (c)(1)(A) is not in the child support order, the custodial parent, prior to termination of parental rights, shall notify the non-custodial parent that he or she intends to petition the court to terminate parental rights. 
            (C) (1)  The non-custodial parent shall have three (3) months from the filing of the petition to pay a substantial amount of past due payments owed and to establish a relationship with his or her child or children. 
                  (2)  Once the requirements under subdivision (c)(1)(C)(1) are met, the custodial parent shall not be permitted to proceed with the adoption nor the termination of parental rights of the non-custodial parent. 
                  (3)  The court may terminate parental rights of the non-custodial parent upon a showing that: 
                        (i)  Child support payments have not been made for one (1) year or the non-custodial parent has not visited the child in the preceding year and the non-custodial parent has not fulfilled the requirements of subdivision (c)(1)(C)(1); and 
                       (ii)  It would be in the best interest of the child to terminate the parental relationship. 
      (2)  Neglect or abuse, when the court finds the causes are irremediable or will not be remedied by the parent. 
             (A)  If the parents have failed to make reasonable efforts to remedy the causes and such failure has occurred for twelve (12) months, such failure shall raise the rebuttable presumption that the causes will not be remedied. 
            (B)  If the parents have attempted to remedy the causes but have failed to do so within twelve (12) months, and the court finds there is no reasonable likelihood the causes will be remedied by the eighteenth month, the failures shall raise the rebuttable presumption that the causes will not be remedied. 
      (3)  That in the case of a parent not having custody of a child, his consent is being unreasonably withheld contrary to the best interest of the child. 
(d)  For the purpose of proceeding under this subchapter, a decree terminating all rights of a parent with reference to a child or the relationship of parent and child issued by a court of competent jurisdiction in this or any other state dispenses with the consent to adoption proceedings of a parent whose rights or parent and child relationship are terminated by the decree and with any required notice of an adoption proceeding other than as provided in this section. 
(e)  A petition for termination of the relationships of parent and child made in connection with an adoption proceeding may be made by: 
      (1)  Either parent if termination of the relationship is sought with respect to the other parent; 
      (2)  The petitioner for adoption, the guardian of the person, the legal custodian of the child, or the individual standing in parental relationship to the child or the attorney ad litem for the child; 
      (3)  An agency; or 
      (4)  Any other person having a legitimate interest in the matter. 
(f)  (1)  The petition shall be filed and service obtained according to the Arkansas Rules of Civil Procedure. 
     (2)  Before the petition is heard, notice of the hearing and the opportunity to be heard shall be given the parents of the child, the guardian of the child, the person having legal custody of the child, a person appointed to represent any party in this proceeding, and any person granted rights of care, control, or visitation by a court of competent jurisdiction. 
(g)  Notwithstanding the provisions of subsection (b), a relinquishment of parental rights with respect to a child executed under this section may be withdrawn by the parent, and a decree of a court terminating the parent-child relationship under this section may be vacated by the court upon motion of the parent if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.

Arkansas Code Annotated Section 9-9-223:  Termination of Rights of Nonparental Relatives.

Except as provided in this subchapter with regard to parental rights, any rights to a child which a nonparental relative may derive through a parent or by court order may, if the best interests of the child so require, be terminated in connection with a proceeding for adoption or for termination of parental rights.

Arkansas Code Annotated Section 9-9-224:  Child Born To Unmarried Mother.

In all cases involving a child born to a mother unmarried at the time of the child's birth, the following procedure shall apply: 
(a)  Upon filing of the petition for adoption and prior to the entry of a decree for adoption a certified statement shall be obtained from the putative father registry stating: 
     (1)  The information contained in the registry in regard to the child who is the subject of the adoption; or 
     (2)  That no information is contained in the registry at the time the petition for adoption was filed. 
(b)  When information concerning the child is contained in the putative father registry at the time of the filing of the petition for adoption, notice of the adoption proceedings shall be served on the registrant unless waived by the registrant in writing signed before a notary public. All confidential information regarding the adoptive parents and the child to be adopted shall be removed from the notice prior to being served to the registrant. Service of notice under this section shall be given in accordance with the Arkansas Rules of Civil Procedure, except that notice by publication shall not be required. 
(c)  Upon receipt of notice, the registrant, if he wishes to appear and be heard, shall file a responsive pleading within the time limits set in the Arkansas Rules of Civil Procedure.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 25. STATE GOVERNMENT
CHAPTER 15. ADMINISTRATIVE PROCEDURES
SUBCHAPTER 2. ADMINISTRATIVE PROCEDURE ACT

Arkansas Code Annotated Section 25-15-204:  Rules - Procedure For Adoption.

(a)  Prior to the adoption, amendment, or repeal of any rule, the agency shall: 
     (1) (A)  Give at least thirty (30) days' notice of its intended action. The thirty-day period shall begin on the first day of the publication of notice. 
          (B)  The notice shall include a statement of the terms or substance of the intended action or a description of the subjects and issues involved, and the time, the place where, and the manner in which interested persons may present their views thereon. 
          (C)  The notice shall be mailed to any person specified by law and to all persons who shall have requested advance notice of rulemaking proceedings. 
          (D)  Unless otherwise provided by law, the notice shall be published in a newspaper of general daily circulation for seven (7) consecutive days and, where appropriate, in those trade, industry, or professional publications which the agency may select; and 
     (2) (A)  Afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing. 
          (B)  Opportunity for oral hearing must be granted if requested by twenty-five (25) persons, by a governmental subdivision or agency, or by an association having no fewer than twenty-five (25) members. 
          (C)  The agency shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule as required by subsection (d) of this section. 
          (D)  Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption. 
          (E)  Where rules are required by law to be made on the record after opportunity for an agency hearing, the provisions of that law shall apply in place of this subdivision (a)(2). 
(b)  If an agency finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule. The rule may be effective for no longer than one hundred twenty (120) days. 
(c)  Every agency shall accord any person the right to petition for the issuance, amendment, or repeal of any rule. Within thirty (30) days after submission of a petition, the agency shall either deny the petition, stating in writing its reasons for the denial, or shall initiate rule-making proceedings. 
(d) (1)  Every agency, including those exempted under § 25-15-202, shall file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research a copy of each rule and regulation adopted by it and a statement of financial impact for the rule or regulation. 
     (2)  The Secretary of State shall keep a register of the rules open to public inspection, and it shall be a permanent register. 
     (3)  Each agency shall provide its regulations to the Bureau of Legislative Research in an electronic format acceptable to the bureau. The bureau shall place the agency regulations in the General Assembly's Internet web site. 
     (4) (A)  The scope of the financial impact statement shall be determined by the agency, but shall include, at a minimum, the estimated cost of complying with the rule and the estimated cost for the agency to implement the rule. 
          (B)  If the agency has reason to believe that the development of a financial impact statement will be so speculative as to be cost prohibitive, the agency shall submit a statement and explanation to that effect. 
          (C)  If the purpose of a state agency rule or regulation is to implement a federal rule or regulation, the financial impact statement shall be limited to any incremental additional cost of the state rule or regulation as opposed to the federal rule or regulation. 
(e) (1)  Each rule adopted by an agency shall be effective ten (10) days after filing unless a later date is specified by law or in the rule itself. 
     (2) (A)  However, an emergency rule may become effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the rule. 
          (B)  The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by them. 
(f)  No rule adopted after June 30, 1967, shall be valid unless adopted and filed in substantial compliance with this section. 
(g)  In any proceeding brought which questions the existence of imminent peril to the public health, safety, or welfare, a written finding by the agency that adoption of any emergency rule was necessary to avoid the loss of federal funding or certification shall establish a prima facie case of the existence of imminent peril to the public health, safety, or welfare and the burden of proof shall shift to the challenger to rebut the existence of the condition by a preponderance of the evidence.

Last Updated:  July 28, 2003