10 Days to Change Their Minds

Once Arkansas birth moms sign the consent forms that make their child available for adoption, they have 10 days to change their minds before that consent becomes final. What many adoptive parents don’t realize is that the birth father also has ten days to change his mind.

When is the father’s consent required?

The birth mother’s consent is always required for adoption, unless her parental rights have been terminated without her consent. But the father’s is not always required. If the mother cannot or will not name the father, no paternal consent is required. If the father has not been involved in the child’s life, including not providing any financial support for a year, his consent is not required.

If there is a father in the picture, or a putative father making a claim, then he must be informed before the hearing on adoption can take place. In fact, if the father is deceased, his parents must be informed, though their consent is not required. If the father attends the hearing, he will be asked to give consent to the adoption.

What if the father gives his consent?

If the father gives consent, he has the same 10 days to change his mind.

If the birth mom gives consent on a Monday and the father doesn’t do so until Thursday, the 10 days of waiting must be understood to begin on Thursday. He has 10 days, just as she does, to withdraw his consent.

Step-parent adoption

The same rule holds for stepparent adoptions. When you are ready to adopt your spouse’s child, you must have the consent of the other biological parent. Following their consent, they have 10 days during which they can change their mind.

We emphasize this because we find that even adoptive parents who know about the ten day rule don’t always realize that it applies to both parents.

Arkansas adoption law is complex. There are many nuances and special provisions. An experienced adoption lawyer can make the difference between a frustrating or even unsuccessful adoption case and a smoother adoption journey. Heimer Law specializes in adoption. We offer a free consultation.