A new bill regarding adoption has passed the Arkansas House. The bill, HB 1292, is now called Act 139. It was introduced by Mary Bentley and Kim Hammer. This law is an amendment of the rules for residency of minors being adopted in the state of Arkansas. The law specifies that an adoption will not be final until the child has lived in the adoptive home for six months. This is not a new rule for Arkansas, but there are some differences between the new and the old law.
House Bill 1292
The new bill says that an adoption will not become final until the adopted child has lived in the adoptive home for six months after the petition has been filed. This does not apply to stepparent adoptions, nor to babies who are less than six months old when the adoption petition is filed (that is, newborn adoptions).
Previously, the law specified that this was required only for children in the foster system, but the new law removes that rule.
The new law also provides an exemption for teens in certain educational programs and for children who must live outside the adoptive home for medical care. These exemptions are intended for kids in the foster system.
The stated goal of the law is to provide greater flexibility for adoptions.
What will this change?
Arkansas already had the six month waiting period, but it was not applied to private adoptions. Now, an older child being adopted privately may have the six month waiting period applied.
That is, if you adopt a child who is older than six months, your adoption will not be considered final until six months after your petition. During those six months, your adopted child should live in your home. The required home study can take place during this time.
Again, this does not apply to step parent adoptions, nor to newborn adoptions. If you are not sure whether the new law will affect your adoption journey, Heimer Law can help. We specialize in adoptions and have suppported hundreds of families through their adoption journeys.
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