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9-9-209. Withdrawal of consent.
Arkansas Code — all titles (historical 2020) · legal_authorities
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(a) A consent to adoption cannot be withdrawn after the entry of a decree of adoption.
(b)(1) A consent to adopt may be withdrawn within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after it is signed or the child is born, whichever is later, by filing an affidavit with the probate division clerk of the circuit 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, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-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 court may waive the ten-day period for filing a withdrawal of consent for agencies as defined by § 9-9-202(5), minors over ten (10) years of age who consented to the adoption, or biological parents if a stepparent is adopting.
(2) The consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate division clerk of the circuit court 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.
(3) The consent shall state that the person may waive the ten-day period for the withdrawal of consent for an adoption and elect to limit the maximum time for the withdrawal of consent for an adoption to five (5) days.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-209
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:9-9-209
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 55370eacfd580844ed8a2923d26e48d15df2bcfebbe9e01bae0cf7c5ebd95372
Source location: content.xml paragraph 1600
Stored source content
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, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after it is signed or the child is born, whichever is later, by filing an affidavit with the probate division clerk of the circuit 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, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-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 court may waive the ten-day period for filing a withdrawal of consent for agencies as defined by § 9-9-202(5), minors over ten (10) years of age who consented to the adoption, or biological parents if a stepparent is adopting.
(2) The consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate division clerk of the circuit court 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.
(3) The consent shall state that the person may waive the ten-day period for the withdrawal of consent for an adoption and elect to limit the maximum time for the withdrawal of consent for an adoption to five (5) days.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 — 9-27-339, 9-27-340 [repealed], and 9-27-341 — 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, a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-202
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 9-9-202. This identifies an authority to review, not proof of applicability.