Arkansas Adoption Law
What Birth Mothers, Adoptive Families and Adoptees Need to Know
Whether you're pregnant and considering adoption, hoping to adopt a child or curious about your rights as an adoptee, understanding Arkansas adoption law is one of the most important steps in your journey.
The legal side of adoption can be complex. But with the right information and support, you can move forward with clarity and confidence.
Below, we break down everything you need to know about adoption in Arkansas. If you have questions along the way, we’re here to support you. Connect with an adoption specialist today to get personalized guidance.
For Birth Mothers: Your Legal Rights
While the following Q&As provide helpful information, if you are interested in learning more about the legalities of adoption and your rights, you will want to speak with a licensed adoption attorney. In Arkanas, you may consider any of the following trusted professionals:
Can I choose adoption for my baby?
Yes. You have the legal right to place your baby for adoption in Arkansas. You must give your consent after the baby is born, and your parental rights will be terminated through a court-approved legal process.
Relevant Law: Ark. Code § 9-9-206
When can I give my baby up for adoption?
Arkansas law requires you to wait until after your baby is born to sign adoption consent forms. You should only sign when you are physically recovered and emotionally confident in your decision.
Relevant Law: Ark. Code § 9-9-208
Can I get my baby back after adoption?
Yes. Arkansas law allows you to revoke your consent within 10 calendar days of signing the adoption papers. After that period, your rights are permanently terminated unless a court finds that your consent was not given voluntarily or was obtained through fraud or coercion.
Relevant Law: Ark. Code § 9-9-209
Can you do adoption without the father's consent?
Sometimes, yes. If the birth father meets Arkansas’ legal definition of a presumed or legal father, then his consent is required. However, if he has not legally established his parental rights, has failed to provide support during your pregnancy or cannot be located after reasonable efforts, the court may decide that his consent is not needed.
Relevant Laws: Ark. Code § 9-9-206, § 9-9-207
Do both birth parents have to sign adoption papers in Arkansas?
Yes. Arkansas law requires the legal consent of both parents for an adoption to proceed. However, if one parent is deceased, has abandoned the child, is unfit to parent or cannot be located despite reasonable efforts, the court can waive the requirement for their consent.
Relevant Laws: Ark. Code § 9-9-206, § 9-9-207
Can I get paid for adoption?
No. You cannot receive payment in exchange for placing your baby for adoption. However, you may be eligible to receive financial assistance to help cover reasonable pregnancy-related expenses such as rent, utilities, medical bills, transportation and food. All financial assistance must be approved by the court.
Relevant Law: Ark. Code § 9-9-206
Can you choose who adopts your baby?
Yes. You have the right to choose the adoptive family for your baby. If you work with our agency, you’ll have access to hundreds of profiles of waiting families. You can select a family based on your personal preferences.
Relevant Law: Ark. Code § 9-9-204
Can people from a different state adopt my baby?
Yes. Families from other states can adopt your baby in Arkansas through the Interstate Compact on the Placement of Children (ICPC). This legal process ensures the adoption meets all legal requirements in both Arkansas and the adoptive family’s home state.
Relevant Law: Ark. Code § 9-29-201
Can I give my baby up for adoption without any agency?
Yes. You can pursue an independent adoption. You are legally allowed to place your baby directly with a chosen adoptive family, as long as all state laws are followed.
Relevant Law: Ark. Code § 9-9-208
Can my spouse adopt my child?
Yes. Your spouse can legally adopt your child through a stepparent adoption. This typically requires the consent of the other biological parent, unless their parental rights have been terminated by the court.
Relevant Law: Ark. Code § 9-9-206
Can my family adopt my baby?
Yes. A family member can adopt your baby. Kinship adoption is legal in Arkansas and may involve a slightly simpler legal process. However, all standard adoption requirements still apply.
Relevant Law: Ark. Code § 9-9-206
Can you anonymously put a baby up for adoption?
Mostly, yes. Your identity must be disclosed to the court, your attorney and your adoption agency for legal and procedural purposes. However, your identifying information can remain confidential from the adoptive family and child if you choose a closed adoption plan.
Relevant Law: Ark. Code § 9-9-208
Can I have contact with my child after the adoption?
Yes. Arkansas allows for open adoption agreements that are legally enforceable when approved by the court and agreed upon by all parties. You can choose the level of contact, such as phone calls, photos, emails, letters or in-person visits, depending on what feels right for you and the adoptive family.
Relevant Law: Ark. Code § 9-9-225
How does tribal adoption work for Native American children?
If your child is eligible for tribal enrollment, the Indian Child Welfare Act (ICWA) applies. ICWA requires the involvement of the child's tribe, gives placement preference to Native American families and allows the tribal court to be involved in the adoption process. This law is designed to preserve Native heritage and family connections.
Relevant Law: 25 U.S.C. §§ 1901-1963
Can I drop my baby off at a fire station?
Yes. Under Arkansas’ Safe Haven Law, you may anonymously surrender your newborn — who must be less than 30 days old and unharmed — to a designated safe haven location, such as a hospital, fire station or law enforcement agency. You will not face legal consequences for doing so.
Relevant Law: Ark. Code § 9-34-202
What rights do biological parents have after adoption?
Biological parents have no legal rights after the adoption is finalized. However, if an open adoption agreement is in place, you may still have ongoing contact based on the terms of that agreement.
Relevant Law: Ark. Code § 9-9-215
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in Arkansas?
No. In Arkansas, both single adults and married couples are eligible to adopt. However, the state does not allow unmarried couples to adopt jointly.
Relevant Law: Ark. Code § 9-9-204
How old do you have to be to adopt a baby?
To adopt in Arkansas, you must be at least 18 years old. If you are under 18 but married, you may still be eligible. There is no maximum age limit, although agencies may have their own guidelines.
Relevant Law: Ark. Code § 9-9-204
Do you need a home study for a private adoption in Arkansas?
Yes. A home study is required for all adoptions in Arkansas. The home study must be completed by a licensed provider and includes background checks, interviews and home visits to assess your readiness to adopt.
Relevant Law: Ark. Code § 9-9-212
Do you need a home study for an independent adoption?
Yes. You still need a home study even if you're pursuing an independent adoption. A licensed home study provider will review your background, living environment, lifestyle and readiness to adopt.
Relevant Law: Ark. Code § 9-9-212
Can you adopt without an agency?
Yes. You can adopt without using an agency. This is called an independent adoption. In this process, you and the expectant parent work directly with each other, usually with the assistance of an adoption attorney.
Relevant Law: Ark. Code § 9-9-208
What are the steps to adopt?
The steps to adopt a baby in Arkansas typically include:
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Complete a home study through a licensed provider.
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Find an adoption opportunity and obtain legal consent from the biological parents.
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File an adoption petition with the court.
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Attend a court hearing to review the adoption.
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Finalize the adoption with a court-issued decree.
This process ensures that your adoption is both legal and in the child’s best interests.
Relevant Laws: Ark. Code § 9-9-212, § 9-9-208, § 9-9-214
Can you adopt a child from another state?
Yes. Arkansas allows you to adopt a child from another state. The adoption must follow the rules outlined by the ICPC. This agreement ensures that both states involved approve the placement and that all legal requirements are satisfied.
Relevant Law: Ark. Code § 9-29-201
Can we advertise for a birth mother?
Yes. Advertising for an expectant mother is allowed in Arkansas as long as it complies with state laws. You may not offer any payment or compensation in exchange for adoption. It is recommended to work with a licensed agency to ensure that any advertisements follow ethical and legal guidelines.
Relevant Law: Ark. Code § 9-9-212
Can a birth father stop an adoption?
Yes. A birth father can stop an adoption if he has established paternity and has been involved in the child’s life. However, if he has not legally established his parental rights, failed to support the child or mother or cannot be located, the court may decide that his consent is not necessary.
Relevant Laws: Ark. Code § 9-9-206, § 9-9-207
What if the birth parents don't sign adoption papers?
If the birth parents do not sign the adoption consent forms, the court cannot proceed unless it determines that the parents’ rights should be terminated due to factors such as neglect, abandonment or unfitness. Until that decision is made, the birth parents retain their legal rights.
Relevant Laws: Ark. Code § 9-9-207
When is an adoption finalized in Arkansas?
An adoption is finalized in Arkansas when the court issues a final decree of adoption. This typically occurs after the post-placement supervision period, which allows a social worker to evaluate the child’s adjustment in your home. Once finalized, the child becomes a permanent legal member of your family.
Relevant Law: Ark. Code § 9-9-213
Can birth mothers change their mind?
Yes. A birth mother can change her mind and revoke her consent within 10 calendar days of signing the consent forms. After the 10-day period, revocation can only occur if the court finds that the original consent was not given voluntarily or was obtained through fraud.
Relevant Law: Ark. Code § 9-9-209
Are adoptive parents on the birth certificate in Arkansas?
Yes. Once the adoption is finalized, a new birth certificate is issued with the adoptive parents' names replacing the biological parents. The child’s new legal name is also listed. The original birth certificate is sealed and kept confidential by the state.
Relevant Law: Ark. Code § 9-9-217
What rights do adoptive parents have after adoption?
Adoptive parents have full legal rights and responsibilities for the child, just like biological parents. This includes the right to make decisions about the child’s healthcare, education and upbringing.
Relevant Law: Ark. Code § 9-9-215
Are open adoptions legally binding in Arkansas?
Yes. Open adoption in Arkansas is legally enforceable if all parties agree and the court approves the agreement. This means that both birth parents and adoptive parents must agree to the level of ongoing contact, and the court must find it to be in the child’s best interest. Our agency encourages adoptive families to commit to sending regular updates and scheduling at least one in-person visit during the first five years.
Relevant Law: Ark. Code § 9-9-225
Does ICWA apply to private adoptions in Arkansas?
Yes. The ICWA applies to private adoptions if the child is a member of a federally recognized tribe or eligible for membership. This law requires notification to the tribe, gives placement preference to Native American families and may involve tribal court jurisdiction.
Relevant Law: 25 U.S.C. §§ 1901-1963
What support is available after adoption?
After adoption, support services may include counseling for adoptive families, access to the child’s medical and family background and financial assistance for children with special needs adopted from the foster care system. Many agencies also provide ongoing educational resources and post-adoption support to help your family thrive.
More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services
For Adoptees
If you were adopted through our agency, you may be able to access non-identifying background information or request assistance with reunification. We are here to support you.
Arkansas law allows adoptees to request their original birth certificates and adoption records under certain conditions, typically once they reach age 21. To learn more about how to access these records or start your search, visit our adoptee rights page.
What’s Next?
Navigating how private adoption works can feel overwhelming. But you don’t have to do it alone.
Work with a licensed team that understands your state’s laws and puts you first. Whether you’re placing a baby or hoping to adopt, we’ll help you take the next step confidently and legally.
Contact an adoption specialist today to get personalized guidance.
Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.