Moms or expectant moms considering adoption in Arkansas are often glad to learn that they can choose the adoptive family for their child. One of the most important reasons for adoption is knowing that your child will have a safe and stable life with a loving family. Being able. to choose that family lessens stress for moms. So it’s good to know birth mothers in Arkansas choose adoptive families — but what are the details?
What you can choose
A birth mother may set preferences for the adoptive family, including:
- Family structure: married couple, single parent, LGBTQ parents, or other family type.
- Age, race or ethnicity, religion, and cultural background, though there are some limitations in this area. For example, a family that doesn’t share the biological parents’ religion may be chosen if they are judged to be open and respectful of that child’s heritage.
- Location, such as a particular city, or region
- Whether the family has other children or pets
- Parenting philosophy and values
- Willingness to have an open, semi-open, or closed adoption.
She may review profiles, ask questions, speak by phone or video, and meet prospective parents. She may also ask an adoption professional to select a family for her, or decide that she does not want to make this decision.
Limitations
A mom can’t choose adoptive parents outside the law:
- Prospective adoptive parents must complete a home study, generally including background checks, home visits, financial review, health information, references, and interviews. While there may be some flexibility for kinship adoption, a mom can’t choose a family which the court considers unfit. That usually means they must successfully complete the home study.
- The adoption must comply with Arkansas adoption law. So the prospective adoptive parents must be legally allowed to adopt a child in Arkansas. This would rule out a sixteen year old or an unmarried couple wanting to adopt jointly, for example.
- The child’s biological dad or putative father must be notified and generally must consent.
- The adoption has to be finalized under the law. If for any reason the chosen family is unable to complete the adoption legally, the mom’s preference cannot change that fact.
What happens if the preferred family can’t adopt the child? Sometimes a would-be adoptive family is chosen by an expectant mom and it doesn’t work out. Sometimes an expectant mom chooses a prospective adoptive family and it doesn’t work out. Fortunately, this is rare, but it can happen. For the parents wanting to adopt, that can mean starting their adoption journey again. For the expectant mom, time limits may require her to rethink her priorities and choose another family.
How does it work?
A typical voluntary adoption process:
- Exploring options is the first step. You can receive counseling about parenting, kinship care, temporary support, and adoption before making a decision.
- Creating an adoption plan is the next step. This includes deciding whether to select a family, what type of adoption you want, and what contact you hope to have after placement.
- Reviewing family profiles or portfolios comes after the biggest decisions have been made. You can review profiles and decide who might be a good match. At this point, you can choose more than one possibility.
- You can meet prospective parents. That may mean a Zoom meeting or phone call or an in-person meeting. Your adoption attorney can help arrange meetings. You do not have to meet the families in person if you choose not to, and you usually would not do so if you want a closed adoption.
- Confirming the family’s eligibility often takes place before they prepare a portfolio and before the adoption attorney or adoption agency introduces you to the parents. However, it is legal in Arkansas for prospective adoptive parents to advertise for a match, or you may already know a family you’d like to choose. If you decide to choose a family or individual who has not already been through the home study process, it must take place at this point.
At this point, you can make a plan for the hospital and an open adoption plan if that is your choice. If the baby has not yet been born, your job now is to care for yourself and the baby. Once the baby is born, you would make a final decision, sign consent forms, and agree to finalize the adoption.
If you have an open adoption plan, you can continue to have contact with the child and/or the adoptive parents according to the plan you and the family agreed upon.
It’s a lot, but you don’t have to do it alone. Heimer Law specializes in Arkansas adoptions. Contact us with no obligation. We’ll be happy to answer your questions.
Inquiry Form