Parents make decisions for their children all day long: what they should eat for breakfast, what clothes they should wear to school, what music they can listen to…the list goes on. But legal decision making is something else. When it’s time to decide who can pick a child up from school, whether the child should take medications, or whether a child can go on a field trip, the legal parent must make the decision. When it comes to vaccination decisions for adopted children, it can be a little more complicated.
At the most basic level, adoptive parents are the legal parents of their children, and can make decisions about vaccinations within the laws of the state where they live. The paperwork you receive when the adoption is finalized is sufficient to show your right to make these decisions. But for adopted children, there can be additional factors.
Arkansas vaccine requirements
The state of Arkansas requires vaccinations against poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, mumps, hepatitis B, hepatitis A, meningococcal disease, and varicella (chickenpox). All of these diseases and serious, contagious diseases which killed thousands or even millions of children before vaccines were developed. Unvaccinated children can present a danger to other people. Without these vaccinations, children cannot attend either public or private schools. They may also be barred from a pediatrician’s office, child care center, or sports team. This is possible under the law.
Of course, there are always exceptions and complications. Parents in Arkansas can apply for exemptions from this rule on several grounds:
- Medical: With a letter from the Medical Director of the Immunization Section, a child who cannot be immunized for medical reasons can have an exemption. A letter from the child’s pediatrician will not be accepted as a medical exemption. The private doctor can reach out to the Immunization Section of the Department of Health, requesting an exemption.
- Religious: People whose religion forbids vaccinations can apply to the Immunization Section or an exemption.
- Philosophical: The Immunization Section has a standard form for philosophical exemptions. People wanting this type of exemption can request a form from the Immunization Section.
Parents must apply for exemptions each year. Paperwork requirements are explained in a state Department of Health document.
The additional factors
Vaccination decisions for adopted children can be affected by some additional factors. For one thing, some adoption agencies require adoptive parents to certify that they will vaccinate their children. There are many adoption agencies in Arkansas, and would-be parents who don’t agree with one agency’s rules can always go to another agency.
If you feel strongly about this issue, you should ask about it up front before making an investment of time and money in an agency.
A birth mom can also have the baby immunized before the adoption is finalized. Hepatitis B vaccine is given at birth, and many vaccines are given at 2 months, 4 months, and 6 months. Adoptive parents who want exemptions for their children will need to be aware of these milestones.
Birth moms can also reject families that will not vaccinate children, or include this issue in an open adoption plan.
It’s always easier to handle possibly contentious issues if you think about them and plan for them ahead of time. If you have special concerns about any issue relating to your adoption journey, Heimer Law can help.
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