Arkansas Adoption Laws

By Olivia Wathne, Esq. | Legally reviewed by Olivia Wathne, Esq. | Last reviewed August 08, 2024

States enforce the adoption process, various requirements for adults who wish to adopt, restrictions, and other laws regulating adoption. Most states, including Arkansas, allow any child needing a home to be adopted. Those wishing to adopt, including prospective adoptive parents and adoptive families, must meet certain criteria.

Like many states, Arkansas requires a "home residency" or "home study" before finalizing the adoption. This process ensures that the adoptive parents are suitable and prepared for adoption. It promotes a smoother transition for everyone involved. This article offers insights and more sources to explore Arkansas adoption laws and resources.

Types of Adoption in Arkansas

In the state of Arkansas, various adoption options cater to diverse family needs and preferences. Open adoptions allow birth parents and adoptive families to keep some level of contact and communication after the finalized adoption. This promotes ongoing relationships with the adopted child. Private adoptions involve direct arrangements between the birth mother, birth father, and adoptive families. Adoption agencies or attorneys usually facilitate private adoptions. Public adoptions, managed by state adoption service agencies, provide homes for children in the foster care system.

Arkansas also supports domestic infant adoptions. This is when newborns get adopted within the United States. There are also stepparent adoptions, which enable a spouse to legally adopt their partner's child. Each type of adoption in Arkansas follows specific legal procedures to ensure the welfare and best interests of the child throughout the adoption process.

Adoption Laws in Arkansas: Overview

Under Arkansas statute, parents can adopt any person, but any child 10 and older must consent. But, the court will set aside the child's consent if it determines that the adoption is in the child's best interests.

Just about anyone may adopt in Arkansas. This includes unmarried adults and those who already have children. Check out the Arkansas Heart Gallery, maintained by the state's Department of Human Services, to learn more about adoption in Arkansas and browse children needing a permanent home.

The following table lists details of adoption laws in Arkansas. See FindLaw's Adoption Law section for more information.

Code section	9-9-101 through 9-9-804; Title 9 of the Arkansas Code
Who may be adopted	Any person
Age that child's consent needed	10 years and older unless the court dispenses with the minor's consent in the minor's best interests
Who may adopt	Spouses together, unmarried adult, unmarried parent of the child, single married parent of a child if other parent consents or they are legally separated
Home residency required before finalization of adoption?	Six months
State agency/court	Human Services/Probate Court
Statute of limitations to challenge	One year, with some exceptions

Note: State laws are always subject to change at any time, usually through the enactment of new statutes or decisions by higher courts. Contact an Arkansas family law attorney experienced in adoptions or conduct your own legal research to verify the state law(s) you are researching.

Arkansas Adoption Requirements

In Arkansas, individuals or couples interested in adoption must meet specific criteria outlined by state regulations. Prospective adoptive parents undergo thorough screenings. This includes criminal background checks and evaluations conducted by licensed social workers or adoption specialists. These assessments, often part of the home study requirements, ensure the emotional stability, financial security, and suitability of the adoptive home. Arkansas evaluates each adoption case on a case-by-case basis to determine if prospective parents can provide a safe and loving environment for the child.