The general rule for finalizing adoptions in Arkansas required that a child be in the new home for at least six months after the petition for adoption was filed, with a couple of important exceptions. Act 139, a new law for 2025, changes the rules for residency.
There are two important exceptions to this rule under the new law:
- stepparent adotpion
- adoption of infants under 6 months of age
There are two more exceptions for children who are being adopted out of foster care:
- If the child needs medical attention outside the new home, he or she may live in the care facility for some of that time.
- Kids 16 or older may also live in a facility outside the home while in a vocational, technical, or lifeskills training program.
Does this change the residency requirements?
This is the confusing part. The law is actually titled “An Act to Amend the Residency Requirements for Adoption of a Minor.” But it is not a change to the rules about Arkansas parents adopting an Arkansas child, and how all these people can establish residency.
The residency requirements saying that a child can be adopted in Arkansas only if either the child or the adoptive parents can claim to be residents of Arkansas — that has not changed. Being an Arkansas resident requires living in Arkansas under certain circumstances. The requirements for a child, a birth mother, and would-be adoptive parents are all different. Click through to read the post above if you need that information.
Act 139 is about the required residence time after the adoption petition is filed.
Why do Arkansas adoption laws change?
In the case of Act 139, the changes are considered a clarification of the previous law. Sometimes laws change because of events cause people to realize that a new law is needed. Sometimes they reflect changing attitudes.
Laws change frequently and for many reasons. That is just one of the reasons you need a qualified Arkansas adoption lawyer to stand with you throughout your adoption journey. Heimer Law specializes in adoptions. You can count on us to be up to date on Arkansas adoption law. Call us at (479) 225.9725 or fill out the simple form for a free consultation.
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