This may seem like a trick question, because unmarried people can adopt in Arkansas, but the answer to the question, “Can an unmarried couple adopt in Arkansas?” is “No.”
How does that work?
You don’t have to be married to adopt a child
Arkansas has relatively few requirements for adoptive parents. While it used to be illegal for unmarried people to adopt in Arkansas, it is now completely legal. marital status may be considered by a judge, and there are some adoption agencies that discourage it, but Arkansas law does not have a requirement about marital status. Unmarried men or women can adopt boys or girls in Arkansas.
You must be married to adopt a child together
A single man or woman may adopt a child in Arkansas. A same-sex married couple may adopt, as well as traditional married couples. But two single people cannot adopt a child together, regardless of their relationship.
For example, two sisters who want to adopt a sibling’s child together cannot do that. An unmarried couple who live together cannot adopt a child together. A child living with one biological parent and that parent’s partner cannot have a stepparent adoption if the two adults are not married.
This can be devastating news
In some states, unmarried couples can adopt a child together. If you and your partner are excited about beginning your adoption journey together, it can be heartbreaking to learn that you don’t have the power to do that. There are so many good reasons to choose adoption as the path to growing your family together that it can be hard to accept that this path is not open to you — or not in th way you had imagined it would be.
What are your options?
In some cases, getting married might be the simplest solution. in other cases, adoption by one of the unmarried partners may be the best course of action.
At Heimer Law, we have worked with many couples in this situation, and we will be happy to discuss your options with you, based on your specific circumstances. The initial consultation is always free.
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