Sometimes an expectant mom knows that she doesn’t want to bring up a child. She decides during her pregnancy that she won’t choose to parent the child herself and instead will make the brave and loving choice to allow her child to be adopted by a loving individual or couple. But sometimes it’s not easy to make that decision. And sometimes there may be other people influencing your decision, making the choice more difficult. If you don’t make that choice before the baby is born, can you still put an older child up for adoption?

There is no age limit in Arkansas

If it takes a few months…or a few years…for you to realize that you are not ready to be a parent, it is always legal to choose adoption for your child.

Some adoption agencies have upper limits for the age of children they are willing to work with. However, Arkansas law does not distinguish between newborns and older children becoming available for adoption.

Consent

At age 12, children in Arkansas must consent to their adoption. They cannot be adopted against their will unless a judge decides that it is in their best interests. For younger children, the child’s consent is not required.

The child’s birth dad must consent if he is still in the child’s life.

No one else, including grandparents, needs to consent to your decision.

You must give your legal consent and agree to give up your parental rights. The adoptive parents will be the child’s parents after the adoption. Their names will be shown as the names of the parents on a new birth certificate, and the child may take on a new name. You will need to agree in writing.

Will your child go into foster care?

If you relinquish your child in a hospital or police station, which you are legally allowed to do, your child will probably go into foster care while a family is found. However, you can work with an adoption attorney or an adoption agency instead. In that case, you can make your adoption plan and choose your child’s adoptive family, just as you would if you had made the same decision earlier. Your child will in that case stay with you until the adoption is complete.

Contact Heimer Law to discuss your options.

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