Arkansas Stepparent Adoption Petition + Decree Filing Packet

ARKANSAS STEPPARENT ADOPTION PETITION + DECREE FILING PACKET

PART 1 — PRE-PETITION CHECKLIST

☐ Petitioning stepparent is an adult (Ark. Code § 9-9-204).
☐ Petitioner is married to the child's legal parent (typical 1-year marriage where required by local practice; confirm with your circuit).
☐ Marriage certificate obtained.
☐ Child's certified birth certificate obtained.
☐ Venue: Probate division of circuit court where petitioner OR child resides (Ark. Code § 9-9-210).
☐ Non-custodial parent's rights — method:
☐ Written consent under § 9-9-208
☐ Consent excused under § 9-9-207 (1-year failure to communicate or support without justifiable cause)
☐ Termination via relinquishment under § 9-9-220
☐ CHILD CONSENT: If the child is OLDER THAN 12 (i.e., 13+), written consent of the child is required unless the court dispenses with it in the child's best interest (Ark. Code § 9-9-206(a)(5)). [Historical note: some older summaries referenced age 10 — the current statute uses age 12.]
☐ Arkansas Putative Father Registry search requested from Arkansas Department of Health (Ark. Code § 20-18-702).
☐ ICWA inquiry conducted.
☐ Background checks (Arkansas State Police, FBI, Child Maltreatment Central Registry, Adult Maltreatment Central Registry, Sex Offender Registry) ordered.
☐ Home study (relaxed for stepparent adoption under § 9-9-212(b)) — request waiver where appropriate.
☐ Filing fee confirmed with Circuit Clerk.
☐ Decree certified-copy fees budgeted.

PART 2 — PETITION FOR ADOPTION

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS
PROBATE DIVISION

Case No.: [________________________________]

PETITION FOR STEPPARENT ADOPTION

Come now the Petitioners, [PETITIONING STEPPARENT NAME] ("Petitioner") and [SPOUSE / LEGAL PARENT NAME] ("Consenting Spouse"), and for their Petition for Adoption pursuant to Ark. Code Ann. § 9-9-201 et seq., state:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction under Ark. Code § 9-9-203 and § 9-9-210.

2. Venue is proper in [____________________] County because [☐ Petitioners reside here ☐ the child resides here].

II. PARTIES

3. Petitioner [STEPPARENT NAME] is an adult, born [__/__/____], residing at [______________________________________], [CITY], Arkansas [______]. Petitioner has resided in Arkansas since [__/__/____].

4. Consenting Spouse [SPOUSE NAME] is the legal [☐ mother ☐ father] of the child and the spouse of Petitioner.

5. Petitioner and Consenting Spouse were married on [__/__/____] in [CITY, STATE]. Certified marriage certificate attached as Exhibit A.

III. THE CHILD

6. Child's current legal name: [CHILD'S NAME], born [__/__/____] in [CITY, STATE]. Certified birth certificate attached as Exhibit B.

7. Child has resided with Petitioners since [__/__/____].

8. Proposed adoptive name: [PROPOSED NEW LEGAL NAME].

IV. BIOLOGICAL / LEGAL PARENTS

9. Biological mother: [NAME]; address: [________________________].

10. Biological/legal father: [NAME]; address: [________________________].

11. Status of non-custodial parent:
    ☐ Written consent attached as Exhibit C (§ 9-9-208).
    ☐ Parental rights previously terminated by order dated [__/__/____] in [Court], Case No. [______________].
    ☐ Consent excused under § 9-9-207 — non-custodial parent has, for at least one (1) year, failed significantly and without justifiable cause to communicate with the child OR to provide for the care and support of the child as required by law or judicial decree.

V. CONSENTS REQUIRED (Ark. Code § 9-9-206)

12. The following consents are required and have been or will be filed:
    ☐ Consent of Consenting Spouse (legal parent).
    ☐ Consent of biological/legal father if his consent is required under § 9-9-206(a)(2).
    ☐ Consent of any guardian or person empowered to consent.
    ☐ Consent of the minor child if the child is more than 12 years of age (§ 9-9-206(a)(5)), unless dispensed with by the Court in the child's best interest.

VI. INVESTIGATION / HOME STUDY (Ark. Code § 9-9-212)

13. Pursuant to Ark. Code § 9-9-212, the Court may relax or modify the home-study/background-investigation requirements for a stepparent adoption. Petitioners request that the Court order a limited investigation, or waive the same, given the stepparent nature of this adoption.

VII. STATUTORY ALLEGATIONS

14. Petitioner is suitable for and capable of providing for the child's needs.

15. Petitioner has not been convicted of any disqualifying offense; criminal and child-maltreatment registry checks have been requested and are attached or pending.

16. The Arkansas Putative Father Registry has been searched. Result: ☐ No registrant ☐ Registrant: [________________].

17. The child [☐ is ☐ is not] an Indian child under ICWA.

VIII. PRAYER

WHEREFORE, Petitioners pray the Court:

a. Set a hearing on this Petition;
b. Relax or waive the home study under § 9-9-212;
c. Find consent of any non-consenting biological parent excused under § 9-9-207 (if applicable) and terminate any remaining parental rights;
d. Grant the stepparent adoption and enter the proposed Decree;
e. Change the child's name to [PROPOSED NEW LEGAL NAME];
f. Direct the Arkansas Department of Health to issue an amended birth certificate under § 20-18-406; and
g. Grant such other relief as is just and proper.

Dated: [__/__/____]

VERIFICATION

State of Arkansas, County of [____________________], ss:

I, [PETITIONER], being first duly sworn, state that the facts in this Petition are true and correct to the best of my knowledge.

_______________________________
[PETITIONER]

Subscribed and sworn before me this [____] day of [____________________], [______].

_______________________________
Notary Public

PART 3 — CONSENTS

3A. CONSENT OF CONSENTING SPOUSE / LEGAL PARENT (Ark. Code § 9-9-206)

I, [SPOUSE NAME], legal [☐ mother ☐ father] of [CHILD'S NAME], born [__/__/____], and spouse of Petitioner [STEPPARENT NAME], hereby consent to the adoption of my child by my spouse.

Executed at [CITY, STATE] this [____] day of [____________________], [______].

_______________________________
[CONSENTING SPOUSE]

Acknowledged before me this [____] day of [____________________], [______].

_______________________________
Notary Public

3B. WRITTEN CONSENT OF NON-CUSTODIAL BIOLOGICAL PARENT (Ark. Code § 9-9-208)

I, [NON-CUSTODIAL PARENT], biological [☐ mother ☐ father] of [CHILD'S NAME], born [__/__/____], voluntarily consent to the adoption of the child by [PETITIONING STEPPARENT NAME].

I acknowledge:
☐ Under Ark. Code § 9-9-209, I may withdraw this consent by filing an affidavit with the probate division clerk of the circuit court within ten (10) calendar days after signing (or, with a written waiver of the 10-day period, within five (5) days after signing or the child's birth, whichever is later). After that period, I cannot withdraw consent absent fraud, duress, or coercion.
☐ My consent results in termination of all my parental rights, duties, and inheritance rights.
☐ I have been informed of my right to counsel.

Executed at [CITY, STATE] this [____] day of [____________________], [______].

_______________________________
[NON-CUSTODIAL PARENT]

Acknowledged before me this [____] day of [____________________], [______].

_______________________________
Notary Public

3C. CONSENT OF MINOR CHILD MORE THAN 12 YEARS OF AGE (Ark. Code § 9-9-206(a)(5))

I, [CHILD'S NAME], age [____] (over 12), hereby consent to my adoption by [PETITIONING STEPPARENT NAME] and to the change of my legal name to [PROPOSED NAME].

Executed in the presence of the Court this [____] day of [____________________], [______].

_______________________________
[MINOR CHILD]

_______________________________
Judge / Notary Public

PART 4 — AFFIDAVIT OF VOLUNTARY RELINQUISHMENT / TPR (Ark. Code § 9-9-220)

State of Arkansas, County of [____________________], ss:

I, [NON-CUSTODIAL PARENT], being first duly sworn, state:

1. I am the biological [☐ mother ☐ father] of [CHILD'S NAME], born [__/__/____].

2. I am over 18 and competent to execute this affidavit. (If under 18, signed by court-appointed GAL under § 9-9-208.)

3. I voluntarily relinquish all my parental rights to the child pursuant to Ark. Code § 9-9-220.

4. I understand that this relinquishment will:
   ☐ Terminate the legal relationship between me and the child;
   ☐ End my right to custody, visitation, control, and future support obligations;
   ☐ Sever the child's rights of inheritance from me by intestate succession.

5. I have been informed of my right to:
   ☐ Independent legal counsel;
   ☐ Revoke consent within 10 calendar days under § 9-9-209;
   ☐ Notice and a hearing prior to a contested termination.

6. This relinquishment is made freely, voluntarily, and without coercion, duress, or fraud.

_______________________________
[NON-CUSTODIAL PARENT]

Subscribed and sworn before me this [____] day of [____________________], [______].

_______________________________
Notary Public

PART 5 — REQUEST AND ORDER REGARDING HOME STUDY (Ark. Code § 9-9-212)

REQUEST TO RELAX / WAIVE HOME STUDY

Petitioners request the Court relax or waive the home study under Ark. Code § 9-9-212(b), which permits modification of investigation requirements for stepparent adoptions, on the following grounds:

☐ This is a stepparent adoption.
☐ Petitioner is the lawful spouse of the child's legal parent and has resided in the home with the child since [__/__/____].
☐ Background checks completed; no disqualifying matter disclosed.
☐ Waiver/relaxation serves the best interest of the child.

ORDER

The Court FINDS that this is a stepparent adoption and that, pursuant to Ark. Code § 9-9-212(b), the home study/investigation requirements are:
☐ WAIVED.
☐ MODIFIED as follows: [____________________________________________________].

Dated: [__/__/____]

_______________________________
Circuit Judge, Probate Division

PART 6 — BACKGROUND CHECK AUTHORIZATION AND RESULTS

Petitioner authorizes release of the following records (Ark. Code § 9-9-212(e)):

☐ Arkansas State Police criminal background check (fingerprint-based).
☐ FBI criminal background check.
☐ Arkansas Child Maltreatment Central Registry (DHS).
☐ Arkansas Adult Maltreatment Central Registry.
☐ Arkansas Sex Offender Registry.
☐ Out-of-state child abuse / criminal records for each state of residence in past 5 years.

_______________________________
[PETITIONER signature]

PART 7 — ARKANSAS PUTATIVE FATHER REGISTRY SEARCH AND NOTICE (Ark. Code § 20-18-702)

REQUEST FOR PUTATIVE FATHER REGISTRY SEARCH

To: Arkansas Department of Health, Vital Records — Putative Father Registry
4815 West Markham Street, Little Rock, AR 72205

Re: Adoption of [CHILD'S NAME], born [__/__/____]
Biological mother: [NAME], DOB [__/__/____]

Petitioners request a search of the Arkansas Putative Father Registry for any registrant claiming paternity of the above child.

_______________________________
[PETITIONER / Attorney]

CERTIFICATE OF SEARCH (to be returned by ADH)

☐ No matching registrant found.
☐ Registrant(s) found: [____________________________________]

NOTICE TO PUTATIVE FATHER (if applicable)

TO: [PUTATIVE FATHER], at [ADDRESS]

YOU ARE NOTIFIED that a Petition for Stepparent Adoption of [CHILD'S NAME], born [__/__/____], has been filed in the Circuit Court of [____________________] County, Arkansas, Probate Division, Case No. [________________]. Hearing is set for [__/__/____] at [____] [☐ a.m. ☐ p.m.] at [COURTHOUSE ADDRESS].

You must appear and timely assert any parental rights. Failure to do so may result in termination of any rights and entry of the adoption decree without your consent.

Dated: [__/__/____]

_______________________________
Petitioner's Attorney / Clerk

PART 8 — NOTICE OF HEARING

NOTICE OF HEARING ON PETITION FOR STEPPARENT ADOPTION

TO: All persons entitled to notice under Ark. Code § 9-9-211 and § 20-18-702.

NOTICE IS HEREBY GIVEN that the above adoption matter will be heard on [__/__/____] at [____] [☐ a.m. ☐ p.m.] in the Circuit Court of [____________________] County, Arkansas, Probate Division, [COURTHOUSE ADDRESS].

Dated: [__/__/____]

_______________________________
Circuit Clerk

PART 9 — FINAL DECREE OF ADOPTION (Ark. Code § 9-9-214)

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS
PROBATE DIVISION

IN THE MATTER OF THE ADOPTION OF [CHILD'S NAME]

Case No.: [________________________________]

FINAL DECREE OF ADOPTION

On this [____] day of [____________________], [______], the above matter came before the Court for hearing. Petitioners appeared [☐ in person ☐ by counsel]. The Court, having reviewed the file, consents, affidavits, registry-search certificate, and evidence, FINDS:

1. The Court has jurisdiction over the parties and the subject matter pursuant to Ark. Code § 9-9-201 et seq.

2. Venue is proper.

3. All required consents have been duly executed and filed, or have been excused under Ark. Code § 9-9-207, including, where applicable, the consent of the minor child more than 12 years of age (or such consent was dispensed with in the child's best interest).

4. The parental rights of any non-consenting biological parent have been terminated or are not required under § 9-9-207 / § 9-9-220.

5. The home-study/investigation requirement has been relaxed or waived as appropriate to a stepparent adoption under § 9-9-212.

6. Background checks disclose no disqualifying matter.

7. The Arkansas Putative Father Registry has been searched, and no rights of any putative father remain unaddressed.

8. The adoption is in the best interest of the minor child.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The Petition is GRANTED, and [CHILD'S NAME] is adopted by [PETITIONING STEPPARENT NAME].

B. The legal relationship of parent and child between [PETITIONING STEPPARENT NAME] and the child is established for all purposes, including inheritance.

C. The legal relationship between the child and [CONSENTING SPOUSE NAME] (the child's natural parent, who is the spouse of the petitioning stepparent) shall NOT be affected by this Decree.

D. The child's legal name is changed to: [NEW LEGAL NAME].

E. The Arkansas Department of Health is directed to issue an amended certificate of birth pursuant to Ark. Code § 20-18-406, listing [CONSENTING SPOUSE NAME] and [PETITIONING STEPPARENT NAME] as the child's parents.

F. The original birth certificate and adoption file shall be sealed and accessible only as provided by law.

Dated this [____] day of [____________________], [______].

_______________________________
Circuit Judge, Probate Division

PART 10 — AMENDED BIRTH CERTIFICATE REQUEST (Ark. Code § 20-18-406)

TO: Arkansas Department of Health, Vital Records
4815 West Markham Street, Slot 44, Little Rock, AR 72205

REQUEST FOR NEW CERTIFICATE OF BIRTH FOLLOWING ADOPTION

Attached:
☐ Certified copy of Decree.
☐ Application fee.
☐ Government-issued photo ID.

_______________________________
[PETITIONER / Attorney]
Date: [__/__/____]

PART 11 — POST-DECREE CHECKLIST

☐ Certified copies of Decree obtained.
☐ Amended birth certificate ordered from Arkansas Department of Health.
☐ Social Security Administration notified (Form SS-5).
☐ School / medical / insurance records updated.
☐ Estate planning documents updated.
☐ Adoption file sealed under Ark. Code § 9-9-217.

SOURCES AND REFERENCES

• Ark. Code Ann. § 9-9-201 et seq. — Revised Uniform Adoption Act
• Ark. Code Ann. § 9-9-206 (consent) and § 9-9-207 (when not required): https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-9/subchapter-2/
• Arkansas Putative Father Registry (ADH): https://www.healthy.arkansas.gov/
• Arkansas Judiciary — Probate Division forms: https://www.arcourts.gov/

DISCLAIMER: This template is for informational purposes only and does not constitute legal advice. NOTE: Ark. Code § 9-9-206(a)(5) currently sets the minor-consent threshold at "more than 12 years of age." Earlier secondary sources referenced age 10; this packet conforms to the current operative statute. Consult a licensed Arkansas attorney before filing.