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9-9-802. Birth parent redaction request and contact preference forms.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-802. Birth parent redaction request and contact preference forms.
(a)(1)(A) The Department of Health shall create and make available on its website:
(i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803; and
(ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent.
(B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.
(2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following:
(A) Information about the procedures and requirements for a birth parent to have the form:
(i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803; and
(ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803;
(B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section;
(C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and
(D) Any other information required by the department.
(3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following:
(A) Information about the procedures and requirements for a birth parent to have the form:
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-802
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:9-9-802
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3b2e8e02068404066bac820cc76be2060fde3799f9e074cdafdb20e5328d6f69
Source location: content.xml paragraph 2607
Stored source content
9-9-802. Birth parent redaction request and contact preference forms.
(a)(1)(A) The Department of Health shall create and make available on its website:
(i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803; and
(ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent.
(B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.
(2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following:
(A) Information about the procedures and requirements for a birth parent to have the form:
(i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803; and
(ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803;
(B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section;
(C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and
(D) Any other information required by the department.
(3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following:
(A) Information about the procedures and requirements for a birth parent to have the form:
(i) Placed in the adoption file of the birth parent's offspring; and
(ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form;
(B) A section in which a birth parent may indicate whether a requester may:
(i) Directly contact the birth parent;
(ii) Contact the birth parent through an intermediary specified by the birth parent; or
(iii) Not contact the birth parent directly or through an intermediary;
(C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section;
(D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable;
(E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and
(F) Any other information required by the department.
(b) The department shall accept a form submitted under this section if:
(1) The form is notarized;
(2) The birth parent submits satisfactory proof of his or her identity as determined by the rules of the department;
(3)(A) The birth parent completes, corrects, or expands his or her genetic or social history.
(B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent's genetic or social history:
(i) Was not previously compiled; or
(ii) Was compiled but needs to be corrected or expanded; and
(4) A completed form submitted under this section at least substantially complies with the requirements of this section.
(c) The department shall not accept a form provided under this section that is completed and submitted by a birth parent for another birth parent.
(d) The department shall place a form submitted under this section in the adoption file of the adoptee named on the form if:
(1) The requirements of subsection (b) of this section are substantially met; and
(2) The adoption file concerns the adoptee named on the form.
(e)(1) Upon accepting a form submitted under subdivision (a)(2)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(2)(A)(i) of this section from the adoption file of the adoptee named on the form.
(2) Upon accepting an updated form submitted under subdivision (a)(3)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(3)(A)(i) of this section from the adoption file and place the updated form in the adoption file.
(f) The department shall maintain an electronic copy and destroy the hard copy of a form removed from an adoption file under subsection (e) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-803. Access to adoption file.
(a) Beginning August 1, 2018, a requester may submit a written request for a copy of an adoption file from the Department of Health.
(b)(1) A request submitted under this section shall include the requester's address and notarized signature and satisfactory proof of the requester's identity as determined by the department.
(2) If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester's relationship to the adoptee.
(c)(1) Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request.
(2) If an adoption file contains a form submitted under § 9-9-802(a)(2)(A)(i), the department shall redact the birth parent's name from the copy of the adoption file before it is mailed to the requester.
(3) If a form under § 9-9-802(a)(2)(A)(ii) is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent's name included in the adoption file within thirty (30) days of the date the form was removed.
(4) Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as “not intended for official use” or similar.
(d) The department shall mail a requester an adoption file by certified mail, return receipt requested.
(e)(1) If an adoption file contains a form submitted under § 9-9-802(a)(3)(A)(i) and (ii), the department shall include the form in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-803
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 9-9-803. This identifies an authority to review, not proof of applicability.