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  1. #1

    Default Arkansas Adoption

    My question involves adoption law for the State of: Arkansas

    My wife and I divorced 3 years ago and we have 2 children. My son is mine biologically but my daughter is not. I met her when she was 18 months old and I would love nothing more than to adopt her. My daughter is all for this as well as her mother. Act 1 states though that because I am unmarried and living with someone that I am unable to adopt her. One caveat I did notice though in this legislation is that I cannot adopt her if she is to live with us. The thing is, she would still be living with her mother and her brother. I have very liberal visitation rights (basically can go over and see them anytime I want and bring them here as often as I want) so there is no barrier there. I was wondering that since I am not adopting a child that is in foster care or is a ward of the state, how would I go about doing this? Do I need to go thru the Department of Human Services or if not, who would I go through and what would the cost be and what procedure would I need to go thru to make this happen? I am hoping to have this done before Christmas and give this to my daughter as her Christmas present (yes I'm aware that she'll need to sign papers since she's 14 lol but still would make a beautiful Christmas present). Oh ya, and her father has not been in contact or in the picture or made any attempt to contact in the 12.5 years that I've know my daughter. Any help would be appreciated.

  2. #2
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    Default Re: Arkansas Adoption

    You didn't adopt her while you were married to your now ex-wife? That's when adoption would have been appropriate.

    I don't believe you have standing to petition to adopt her now, in spite of the happy circumstance that her mother does not object.

    You would do well to consult a family law attorney in your area.

    I am hoping to have this done before Christmas and give this to my daughter as her Christmas present
    Even if you did have standing to petition to adopt, it does not work that way. Adoption takes months in the best of circumstances.

  3. #3
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    Default Re: Arkansas Adoption

    Quote Quoting Arkansas Code, Sec. 9-9-204. Who may adopt.
    The following individuals may adopt:
    (1) A husband and wife together although one (1) or both are minors;

    (2) An unmarried adult;

    (3) The unmarried father or mother of the individual to be adopted;

    (4) A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not his spouse; and if:
    (i) The other spouse is a parent of the individual to be adopted and consents to the adoption;

    (ii) The petitioner and the other spouse are legally separated; or

    (iii) The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
    The difficult part here is that adoption, other than step-parent adoption, usually involves the termination of the parental rights of the parent. As you're not married to the child's mother, you would likely be looking at a scenario where (assuming you qualify) you would adopt the child and mom would lose her rights, or where mom temporarily surrenders her rights to the child and then you jointly adopt (complicated and more than a bit scary). I'm with LawResearcherMissy here - you need to be working with a lawyer, and you should anticipate lots of expense and delay if you find a way to forge ahead with this process. (Home studies alone can easily cost $5,000 or more.)

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