Arkansas

Family Law

Family Law

Section 9-9-505 – Compilation of nonidentifying history

(a) Prior to placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that excludes information that would identify birth parents or members of a birth parent’s family and that shall be set forth in a document that is separate from any document containing such identifying information.
(b) Records containing the nonidentifying information and that are set forth on a document that is separate from any document containing identifying data:

(1)

(A) Shall be retained by the agency or, when no agency is involved, by the person, entity, or organization handling the adoption, for ninety-nine (99) years.
(B)

(i) If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the nonidentifying information on the adoptee to the Department of Human Services.
(ii) However, a licensed agency ceasing operation may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the department; and
(2) Shall be available upon request throughout the time specified in subdivision (b)(1) of this section, together with any additional nonidentifying information that may have been added on health or on genetic and social history, but which excludes information identifying any birth parent or member of a birth parent’s family or the adoptee or any adoptive parent of the adoptee, to the following persons only:

(A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child’s guardian;
(B) The adoptee;
(C) In the event of the death of the adoptee, the adoptee’s children, the adoptee’s widow or widower, or the guardian of any child of the adoptee;
(D) The birth parent of the adoptee; and
(E) Any child welfare agency having custody of the adoptee.
(c) The actual and reasonable cost of providing nonidentifying health history and genetic and social history shall be paid by the person requesting the information.

Ark. Code § 9-9-505

Acts 1985, No. 957, § 8; A.S.A. 1947, § 56-145; Acts 1987, No. 1060, § 7; 2003, No. 650, § 7