Single and married people can adopt children in Arkansas — but what about cohabiting couples? It’s complicated. Spoiler alert: it is not illegal for single people living with a partner to adopt in Arkansas, but unmarried couples cannot adopt a child together. SDo how does this work?
First, a little bit of history.
Arkansas Unmarried Couple Adoption Ban Initiative
Back in 2008, Arkansas voters approved a law making it illegal for unmarried people with a live-in partner to adopt a child. Specifically, the law said that single people living with a sexual partner outside of marriage were not eligible to foster or adopt children. The supporters of the law said that “it is in the best interest of children in need of adoption or foster care to be reared in homes in which adoptive or foster parents are not cohabitating outside of marriage.” They also said that this viewpoint reflected the values and customs of Arkansas, and the voters seem to have agreed, because they approved the law.
Supporters of the law included people who believed that government should support traditional marriage, religious people who believed that cohabitation outside of marriage was wrong, and people who disapproved of homosexual partnerships. Since marriage between same-sex couples was illegal in Arkansas at the time, even same-sex couples who had married in another state were prohibited from fostering or adopting children.
While opponents of the law often argued that it targeted gay people, the law applied to all unmarried couples. If they lived with a sexual partner, they couldn’t adopt a child.
The Arkansas Supreme Court struck down this law in 2011 after a case was brought by a group of 20 people, including a grandmother whose grandchild was in foster care and who was prevented from adopting her, a married couple who had designated cohabiting friends to be their child’s guardian if they died, and unmarried gay cohabiting couples wishing to grow their families by adoption. The plaintiffs in the case argued that the adoption ban violated their right to privacy, and the court agreed.
After the law was struck down
Arkansas law still does not allow unmarried couples to adopt a child. However, same-sex marriage is now legal in all 50 states, and each state must recognize such marriages from other states. Married same-sex couples now can adopt in Arkansas. Married heterosexual couples can adopt children, too.
Single people also can adopt in Arkansas. Since the Arkansas Unmarried Couple Adoption Ban Initiative is no longer law, living with a sexual partner outside of marriage no longer disqualifies people from adopting a child. They just can’t adopt jointly with their partners.
Wait — there’s more
Adoption in Arkansas normally requires a Home Study, in which a licensed social worker determines whether the prospective adoptive parents can provide a safe and stable home for a child. For unmarried couples living together, that determination has to consider whether the relationship is a stable one. The social worker must decide whether the additional parent figure in the home will be part of a safe and stable environment for the child. This can be a hurdle.
Adoption agencies are allowed to refuse to accept unmarried couples. If you are in that situation, it’s wise to ask up front whether that will be an issue. If it will, you can look for another agency.
Also, as long as the couple is not married, one will be a legal parent to the child and one will not. This is also true of unmarried couples in which one of the adults has biological children. Still, there are inconveniences and issues.
An unmarried cohabiting partner cannot have a stepparent adoption in Arkansas. Some states allow a “second parent” adoption, but Arkansas does not.
The answer to the question
The question of whether an unmarried couple can adopt doesn’t really have a simple answer. No, they cannot adopt jointly as though they were a married couple. But living with a sexual partner outside of marriage no longer disqualifies a single person from adopting — so yes, as long as it’s just one member of the couple adopting the child. And also, the Home Study may conclude that the relationship is not settled enough for a child, so the answer is a solid maybe.
Questions about adoption don’t always have clear, simple answers. When you plan to adopt, you need an experienced adoption lawyer who can answer complex questions honestly. Heimer Law specializes in adoptions. We’re happy to answer your questions.
Inquiry Form