Arkansas Adoption Laws, Page 3

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Consent Laws

Who Must Consent to an Adoption

• The mother
  
• The father, if married to the mother or otherwise has established paternity
  
• Any person or agency lawfully entitled to custody
  
• The court
  
• The spouse of the minor to be adopted

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Age When Consent of Adoptee is Considered or Required

Statute: § 9-9-206

• A child 10 years of age or older must consent to the adoption, unless the court in the child's best interest dispenses with consent.

When Parental Consent is not Needed

• A parent has:
  
  • Deserted the child
    
  • Failed to communicate or provide for the care or support of the child for at least 1 year
    
  • Relinquished rights or had them terminated
    
  • Been declared incompetent
    
  • The person to be adopted is an adult.
    
  • A legal guardian fails to respond to a request for consent for 60 days, or has been found to be withholding consent unreasonably.

When Consent Can Be Executed

Statute: § 9-9-208

• Can be executed any time after the birth of the child

How Consent Must Be Executed

• Consent must be executed in the presence of a judge or authorized person.
  
• If a child is old enough to grant consent, he must do so in the presence of a judge.
  
• If the parent is a minor, the guardian ad litem must sign the consent.

Revocation of Consent

Statute: § 9-9-209

• Consent to adoption cannot be withdrawn after the entry of a decree of adoption.
  
• A consent to adoption may be withdrawn within 10 days after it is signed or the child is born, whichever is later.
  

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