Adopting a Child in Arkansas

A married couple together (even if one or both are minors), an unmarried adult, or the unmarried parent of the child may adopt; a married person may adopt alone only if the spouse is the child's parent and consents, the spouses are legally separated, or the court excuses the spouse. Arkansas courts have jurisdiction if the adopting person or the child is an Arkansas resident (special rules apply to infants). Written consent is generally required from the mother, a legal or qualifying father, anyone with custody, and the child if over 12. Consent is not needed from a parent who abandoned the child or who, for at least one year, failed significantly without justifiable cause to communicate with or support a child in another's custody. Before placement, a home study by a licensed child welfare agency or licensed certified social worker must be done and a written report filed before the hearing.

A married stepparent may adopt alone if the spouse (the child's parent) consents. Unless the court directs otherwise, no home study is required when the petitioner is a stepparent. The other parent's consent is required unless an exception applies, such as abandonment or failing significantly, without justifiable cause, for at least one year to communicate with or support the child. People whose consent is not obtained must receive notice of the hearing at least 20 days ahead.