The short answer is yes, for any child in Arkansas aged 12 or older. In most cases, a child of 12 or older must consent to his or her own adoption. If the child chooses to refuse to be adopted, the adoption may not be able to continue.
Exceptions
In legal situations, the short answer is usually not complete. In this case, that is true. there are some situations in which an older child cannot refuse to be adopted. For example, if a child is not mentally capable of giving consent, the adoption can be finalized without the child’s consent.
The court is responsible for the best interests of the child. In a case in which a teen will not give consent to an adoption but the court believes that adoption to be in the child’s best interests, the adoption could go forward.
Then what?
What happens next when children refuse to be adopted? It depends on the circumstances. For example, if a child does not consent to stepparent adoption, the family can just go home. The teen stays in the family and the stepparent continues to be a stepparent, not a legal parent. The stepparent will not have the legal right to make medical or educational decisions for the child, but their relationship can remain the same as it has been up to that point.
Similarly, if a child in foster care refuses adoption, they can just go home and remain with their foster family.
Suppose a child does not have parents, though. If a teen is homeless, can they still refuse to be adopted? They can, but they can’t just refuse and walk away. The court can appoint a guardian, who will have the responsibility of caring for the child. This leaves the possibility of reunification with the parents in the future.
A guardian is also a possibility if a young person’s parents are deceased.
An orphan or a teen whose parents have lost their legal rights can choose to live on his own if he is 16 or older and can prove that he has a job and is able to support himself. If he is not in a position to live on his own, he may be placed in a group home or another arrangement similar to foster care.
It would be unusual for a court to ignore the child’s expressed wishes. However, each case is decided on its own merits. What is in the best interests of one young person might not be the best thing for another young person of the same age.
Need help?
Every adoption journey is different Heimer Law specializes in adoption, and we are ready to assist you in your adoption journey, wherever it takes you. Call for a free consultation or fill out our simple inquiry form.
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