Adult adoption in Arkansas is a circuit court proceeding: the adoptee (and their spouse, if married) sign a written consent, the petitioner files a sworn petition, and a judge holds a hearing before issuing a decree that creates a legal parent-child relationship. There is no home study unless the judge orders one, and either party only needs to be physically present in the state, not a resident.
Who Has to Consent
Consent is the first thing to nail down. The person being adopted must consent in writing, and if that person is married, their spouse must also consent.1Justia. Arkansas Code 9-9-206 – Persons Required to Consent to Adoption An unmarried adoptee signs alone.
The adoptee signs the consent in front of the court. It must name the adoptive parent (or state that the adoptee agreed without knowing the identity), inform the adoptee of the right to withdraw, and give the address of the circuit clerk where the petition will be filed.2Social Security Administration. POMS PR 01310.005 – Arkansas If someone whose consent is required has not given it, the petition must name that person and explain why the court should proceed anyway.3Justia. Arkansas Code 9-9-210 – Petition for Adoption
Where to File
Arkansas sets a low bar. Either the petitioner or the adoptee simply needs to be physically present in the state; residency is not required.4Justia. Arkansas Code 9-9-205 – Jurisdiction, Venue, Inconvenient Forum, and Disclosure of Name That is easier than a minor adoption, which requires that the petitioner or child actually reside here.
File the petition in the circuit court of the county where either the petitioner or the adoptee lives, or is stationed for military service, at the time of filing.4Justia. Arkansas Code 9-9-205 – Jurisdiction, Venue, Inconvenient Forum, and Disclosure of Name Either party’s county works; pick whichever is more convenient.
What Goes in the Petition
The petition is signed, sworn to by the petitioner, and filed with the circuit clerk. Its caption reads “In the matter of the Adoption of [adoptee’s new name],” using the name the adoptee will go by after the decree.4Justia. Arkansas Code 9-9-205 – Jurisdiction, Venue, Inconvenient Forum, and Disclosure of Name
The petition must state:3Justia. Arkansas Code 9-9-210 – Petition for Adoption
- The adoptee’s date and place of birth, if known
- The name the adoptee will use after adoption
- The petitioner’s full name, age, current address, and how long the petitioner has lived there
- The petitioner’s marital status, including date and place of marriage if married
- The name of anyone whose consent is required but has not been given, with reasons the court should excuse the absence
Attach a certified copy of the adoptee’s birth certificate if available, along with all written consents.3Justia. Arkansas Code 9-9-210 – Petition for Adoption The clerk charges a filing fee. If you cannot afford it, you can ask for a waiver under Rule 72 of the Arkansas Rules of Civil Procedure, which lets courts allow you to proceed without paying based on your income and assets.4Justia. Arkansas Code 9-9-205 – Jurisdiction, Venue, Inconvenient Forum, and Disclosure of Name
Before the court issues a final decree, the petitioner must complete an Adoption Information Sheet prepared by the Department of Human Services and return it to the clerk, who forwards it to the DHS Office of Chief Counsel.5Justia. Arkansas Code 9-9-104 – Adoption Information Collection The form asks for basic information about the parties, the cost of the adoption, whether you have had a criminal background check, and any felony or misdemeanor convictions.6Arkansas Department of Human Services. Adoption Information Sheet
No Home Study Unless the Court Orders One
A home study is not required for an adult adoption unless the court specifically orders one, and a detailed health and genetic history of the adoptee is also waived.7FindLaw. Arkansas Code 9-9-212 – Report of Petitioner’s Expenditures, Investigation, and Hearing Both are standard in minor adoptions, so skipping them saves real time and money.
A judge can still order a home study to help decide whether the adoption serves everyone’s best interest, but it is discretionary and uncommon in adult cases. If one is ordered and the petitioner is indigent, DHS may be directed to conduct it, provided the person being studied lives in Arkansas.7FindLaw. Arkansas Code 9-9-212 – Report of Petitioner’s Expenditures, Investigation, and Hearing
The Hearing and the Decree
The court schedules a hearing after the petition is filed. Both the petitioner and the adoptee must appear, unless one is excused for good cause.8Justia. Arkansas Code 9-9-214 – Appearance, Continuance Expect the judge to confirm that all required consents were properly obtained, that any withdrawal period has passed, and that the adoption serves the adoptee’s best interest.
If the court is satisfied, it may issue a final decree at the hearing. It may instead issue an interlocutory decree, a provisional order that automatically becomes final after a waiting period of six months to one year, unless the court vacates it for good cause.8Justia. Arkansas Code 9-9-214 – Appearance, Continuance An interlocutory decree carries the same legal weight as a final decree while it is in force. If the requirements have not been met, the court will dismiss the petition.
What the Decree Changes Legally
A final decree creates a parent-child relationship between the petitioner and the adoptee as if the adoptee were a biological child, for all legal purposes, including inheritance, the interpretation of wills and trusts, and every statute that references a parent-child or blood relationship.9FindLaw. Arkansas Code 9-9-215 – Effect of Petition and Decree of Adoption
The other side of that rule matters just as much. The adoption terminates all legal relationships between the adoptee and their biological relatives, including biological parents.9FindLaw. Arkansas Code 9-9-215 – Effect of Petition and Decree of Adoption After the decree, the adoptee is legally a stranger to their former family for inheritance purposes and for the interpretation of documents like wills and trusts. The only exception preserves the adoptee’s relationship with the petitioner’s spouse and that spouse’s relatives.
The practical consequence: the adoptee gains full inheritance rights in the adoptive parent’s family but loses inheritance rights from the biological family. If a biological relative’s will or trust uses language like “my children” or “my descendants” without naming the adoptee specifically, the adoptee may no longer qualify once the adoption is final. Review existing estate plans on both sides before filing.
Getting a New Birth Certificate
After the final decree, you can request a new birth certificate from the Arkansas Department of Health showing the adoptive parent in place of the biological parents. The Department requires a court order, and the final decree of adoption typically serves that purpose.10Arkansas Department of Health. Change or Amend a Birth or Death Certificate
The amendment fee is $15, plus $12 for the first copy of the new certificate and $10 for each additional copy ordered at the same time. The Department accepts cash, checks, money orders, and major credit cards.10Arkansas Department of Health. Change or Amend a Birth or Death Certificate Processing times vary because each case is reviewed individually. Questions go to 501-682-1214 or adh.vitalrecords@arkansas.gov during business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.).
Don’t Count on the Federal Adoption Tax Credit
The federal adoption tax credit generally does not apply to adult adoptions. To qualify, the adoptee must be either under 18 or physically or mentally unable to care for themselves.11Internal Revenue Service. Adoption Credit Most adult adoptees meet neither condition, so filing fees and attorney costs are not offset by this credit. Budget for those costs up front rather than expecting a tax break afterward.