North Little Rock, AR asked in Adoption for Arkansas

Q: So my children’s father has two other kids that have been adopted out in the state of Arkansas. We have two ourselves.

I was informed that if we were to get married that the kids could legally become mines if we go through the adoption process . Can you tell me how that works

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1 Lawyer Answer
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq.
Answered
  • Family Law Lawyer
  • Fort Smith, AR
  • Licensed in Arkansas

A: Your question is unclear. Arkansas has the Revised Uniform Adoption Act and you should start by looking there. Arkansas Code Annotated § 9-9-215 fully explains the "effect of decree of adoption."

Specifically, A.C.A. § 9-9-215(a)(1) states in part that, "Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship."

Without knowing more specifics, it is impossible to say whether or not your husband can restore his parental rights. Technically, he could re-adopt the children or, if they were adopted out through a DHS case, it is possible for his parental rights to be reinstated under A.C.A § 9-27-370, provided that the court has resumed services under A.C.A. § 9-27-369. Obviously, this can be a very complicated process and is incredibly fact specific so has to be addressed on a case by case basis. I would meet with an attorney ASAP to try and evaluate your case in more detail.

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