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5-26-204. Unlawful solicitation for the relinquishment of parental rights.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-204. Unlawful solicitation for the relinquishment of parental rights.
(a)(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the:
(A) Biological mother of the baby who is not yet born;
(B) Biological or putative father of the baby who is not yet born;
(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a:
(A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or
(B) Class C felony if otherwise committed.
(b)(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the:
(A) Biological mother of the baby who is not yet born;
(B) Biological or putative father of the baby who is not yet born;
(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D) Spouse, partner, or other relative of the biological or putative father of the baby who is
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-26-204
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 771ccdf4be129e3fa4ac3adb1b2bcb53f25d890cf0db8fc7976319da9a3bb2c3
Source location: content.xml paragraph 12476
Stored source content
5-26-204. Unlawful solicitation for the relinquishment of parental rights.
(a)(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the:
(A) Biological mother of the baby who is not yet born;
(B) Biological or putative father of the baby who is not yet born;
(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a:
(A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or
(B) Class C felony if otherwise committed.
(b)(1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the:
(A) Biological mother of the baby who is not yet born;
(B) Biological or putative father of the baby who is not yet born;
(C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or
(D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.
(2) Unlawful solicitation for the relinquishment of parental rights in the second degree is a:
(A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or
(B) Class A misdemeanor if otherwise committed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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:
(A) The father was married to the mother at the time the minor was conceived or at any time thereafter;
(B) The minor is his child by adoption;
(C) He has physical custody of the minor at the time the petition is filed;
(D) He has a written order granting him legal custody of the minor at the time the petition for adoption is filed;
(E) A court has adjudicated him to be the legal father prior to the time the petition for adoption is filed;
(F) He proves a significant custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed; or
(G) He has acknowledged paternity under § 9-10-120(a);
(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 twelve (12) 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 cos
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-9-206. This identifies an authority to review, not proof of applicability.