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9-9-206. Persons required to consent to adoption — Consideration for relinquishing minor for adoption.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:9-9-206
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 50d176daf6b69be3169b74d95452e462522ba6df9813c073e249c3976b2fadd9
Source location: content.xml paragraph 1321
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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 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-10-120. Effect of acknowledgment of paternity.
(a) A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority.
(b)(1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115, and shall be recognized by the circuit courts and juvenile divisions thereof as creating a parent and child relationship between father and child.
(2) Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity.
(c) The Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
(d) Upon submission of the acknowledgment of paternity to the Division of Vital Records, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity.
(e) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-10-120
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 9-10-120. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 or her right to consent under § 9-9-220;
(5) a parent whose parental rights have been terminated by order of court under § 9-9-220 or § 9-27-341;
(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 or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably;
(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;
(10) a putative father of a minor who signed an acknowledgement of paternity but who failed to establish a significant custodial, personal, or financial relationship with the juvenile prior to the time the pet
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-207
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 9-9-207. This identifies an authority to review, not proof of applicability.