Arkansas

Family Law

Family Law

Section 9-9-802 – Birth parent redaction request and contact preference forms

(a)

(1)

(A) The Department of Health shall create and make available on its website:

(i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803; and
(ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent.
(B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.
(2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following:

(A) Information about the procedures and requirements for a birth parent to have the form:

(i) Placed in the adoption file of the birth parent’s offspring so that the birth parent’s name is redacted from the copy of the adoption file that a requester receives under § 9-9-803; and
(ii) Removed from the adoption file of the birth parent’s offspring so that the birth parent’s name is included in the copy of the adoption file that a requester receives under § 9-9-803;
(B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section;
(C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and
(D) Any other information required by the department.
(3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following:

(A) Information about the procedures and requirements for a birth parent to have the form:

(i) Placed in the adoption file of the birth parent’s offspring; and
(ii) Removed from the adoption file of the birth parent’s offspring and replaced with an updated form;
(B) A section in which a birth parent may indicate whether a requester may:

(i) Directly contact the birth parent;
(ii) Contact the birth parent through an intermediary specified by the birth parent; or
(iii) Not contact the birth parent directly or through an intermediary;
(C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section;
(D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable;
(E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and
(F) Any other information required by the department.
(b) The department shall accept a form submitted under this section if:

(1) The form is notarized;
(2) The birth parent submits satisfactory proof of his or her identity as determined by the rules of the department;
(3)

(A) The birth parent completes, corrects, or expands his or her genetic or social history.
(B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent’s genetic or social history:

(i) Was not previously compiled; or
(ii) Was compiled but needs to be corrected or expanded; and
(4) A completed form submitted under this section at least substantially complies with the requirements of this section.
(c) The department shall not accept a form provided under this section that is completed and submitted by a birth parent for another birth parent.
(d) The department shall place a form submitted under this section in the adoption file of the adoptee named on the form if:

(1) The requirements of subsection (b) of this section are substantially met; and
(2) The adoption file concerns the adoptee named on the form.
(e)

(1) Upon accepting a form submitted under subdivision (a)(2)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(2)(A)(i) of this section from the adoption file of the adoptee named on the form.
(2) Upon accepting an updated form submitted under subdivision (a)(3)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(3)(A)(i) of this section from the adoption file and place the updated form in the adoption file.
(f) The department shall maintain an electronic copy and destroy the hard copy of a form removed from an adoption file under subsection (e) of this section.

Ark. Code § 9-9-802

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