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9-9-803. Access to adoption file.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-9-803
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f1546a7b9d790a433931736511b0f84a7b4f10d945986d23ccb63beb648deaae
Source location: content.xml paragraph 2649
Stored source content
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 the adoption file mailed to a requester.
(2) A form included in the adoption file under this subsection shall be redacted in accordance with subdivision (c)(2) of this section.
(f)(1) The department may charge a requester a fee of one hundred dollars ($100) for the department's provision of the adoption file requested.
(2) The department may change the amount of the fee charged to a requester under subdivision (f)(1) of this section in accordance with the department's rules.
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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. The source passage cites 9-9-802. This identifies an authority to review, not proof of applicability.