Arkansas

Family Law

Family Law

Section 9-9-208 – [Effective 90 days after sine die adjournment] How consent is executed

(a) The required consent to adoption shall be executed at any time after the birth of the child and in the manner following:

(1) If by the individual to be adopted, in the presence of the court;
(2) If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments;
(3) If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments;
(4) If by a court, by appropriate order or certificate.
(b) A consent which does not name or otherwise identify the adopting parent is valid if the consent contains a statement by the person whose consent it is that the person consenting voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent.
(c) If the parent is a minor, the writing shall be signed by a court-ordered guardian ad litem, who has been appointed by a judge of a court of record in this state to appear on behalf of the minor parent for the purpose of executing consent. The signing shall be made in the presence of an authorized representative of the Arkansas licensed placement agency taking custody of the child, or in the presence of a notary public, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed.
(d)

(1) A parent whose consent to adoption is required under this subchapter shall have limited, independent legal representation for the purpose of:

(A) Executing the consent to adoption; and
(B) Withdrawing the consent to adoption if the parent elects to withdraw the consent as permitted under this subchapter.
(2) The attorney:

(A) Shall not represent any other party in the adoption; and
(B) Shall certify, by signing the writing after its execution by the parent, that:

(i) The attorney has explained to the parent the effect of consenting to the adoption; and
(ii) The parent appeared to consent voluntarily and of his or her own free will.
(3) This subsection shall not apply to an adoption if the petitioner is:

(A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted;
(B) Related to the child to be adopted within the second degree as defined in § 28-9-212; or
(C) Represented by an attorney pro bono in the adoption proceeding.
(4)

(A) A parent whose consent to adoption is required under this subchapter may elect not to be represented by an independent attorney as provided in subdivision (d)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following:

(i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide him or her with independent legal advice concerning the effects of consenting to the adoption;
(ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and
(iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the consent and, if the parent elects, withdrawing the consent.
(B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.
(e)

(1) If a parent whose consent to adoption is required under this subchapter does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the consent adoption into the native language of the parent before its execution by the parent unless a petitioner is:

(A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted;
(B) Related to the child to be adopted within the second degree as defined in § 28-9-212; or
(C) Represented by an attorney pro bono in the adoption proceeding.
(2) For the purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq.
(3) The interpreter services:

(A) Shall be paid for by the petitioner; and
(B) May be provided in person, by telephone, by a videoconferencing application, or by comparable means.
(4) If required, the consent to adoption shall:

(A) Identify the native language of the parent;
(B) Provide the name and qualifications of the qualified interpreter; and
(C) Describe the method used by the qualified interpreter to interpret the consent to adoption.
(5) A parent to whom subdivision (e)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following:

(A) A statement that identifies the native language of the parent;
(B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the consent to adoption into the parent’s native language;
(C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter;
(D) A statement that the parent elects not to use a qualified interpreter in executing the consent because:

(i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or
(ii) The parent’s attorney can explain in the parent’s native language the consent and implications of signing a consent to adoption; and
(E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person.
(6) The affidavit under subdivision (e)(5) of this section shall be:

(A) In English; and
(B) Translated into the native language of the parent by a qualified interpreter; and
(C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

Ark. Code § 9-9-208

Amended by Act 2021, No. 599,§ 1, eff. 90 days after sine die adjournment.
Acts 1977, No. 735, § 8; A.S.A. 1947, § 56-208; Acts 1991, No. 774, § 1
This section is set out more than once. See also Ark. Code § 9-9-208, effective until 90 days after sine die adjournment.