Adoption FAQs

According to Arkansas law, any individual may be adopted. A.C.A. § 9-9-203

That law defines four different types of persons or groups of persons who may adopt an individual:

The defines four different types of persons or groups of persons who may adopt an individual:
An unmarried adult.
The unmarried father or mother of the individual to be adopted.
A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not his or her spouse; and if:

The other spouse is a parent of the individual to be adopted and consents to the adoption;
The petitioner and the other spouse are legally separated; or
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.

In general, the mother of the minor child must consent. According to the law, the father of the minor child must consent as well if:

In general, the mother of the minor child must consent. The law states the father of the minor child must consent as well if:
The minor is his child by adoption;
He has physical custody of the minor at the time the petition for adoption is filed;
He has a written order granting him legal custody of the minor at the time the petition for adoption is filed;
A court has judged him to be the legal father prior to the time the petition for adoption is filed; or
He has acknowledged paternity under A.C.A.§ 9-10-120(a).

There are others whose consent is needed as well:

Any person lawfully entitled to custody of the minor or empowered to consent;
The court, if it has jurisdiction to determine custody and if the legal guardian or custodian of the minor child is not empowered to consent to the adoption;
The minor child, if he or she is older than twelve years of age and if the court does not dispense with the minor child's consent; and
The spouse of the minor to be adopted, if he or she has one.