Arkansas

Family Law

Family Law

Section 9-9-803 – Access to adoption file

(a) Beginning August 1, 2018, a requester may submit a written request for a copy of an adoption file from the Department of Health.
(b)

(1) A request submitted under this section shall include the requester’s address and notarized signature and satisfactory proof of the requester’s identity as determined by the department.
(2) If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester’s relationship to the adoptee.
(c)

(1) Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request.
(2) If an adoption file contains a form submitted under § 9-9-802(a)(2)(A)(i), the department shall redact the birth parent’s name from the copy of the adoption file before it is mailed to the requester.
(3) If a form under § 9-9-802(a)(2)(A)(ii) is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent’s name included in the adoption file within thirty (30) days of the date the form was removed.
(4) Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as “not intended for official use” or similar.
(d) The department shall mail a requester an adoption file by certified mail, return receipt requested.
(e)

(1) If an adoption file contains a form submitted under § 9-9-802(a)(3)(A)(i) and (ii), the department shall include the form in the adoption file mailed to a requester.
(2) A form included in the adoption file under this subsection shall be redacted in accordance with subdivision (c)(2) of this section.
(f)

(1) The department may charge a requester a fee of one hundred dollars ($100) for the department’s provision of the adoption file requested.
(2) The department may change the amount of the fee charged to a requester under subdivision (f)(1) of this section in accordance with the department’s rules.

Ark. Code § 9-9-803

Added by Act 2017, No. 519,§ 1, eff. 8/1/2017