It is against the law in Arkansas for a court to consider the race, color, or national origin of the adoptive parent or the child being adopted. However, the religious preferences of the adoptive family and the birth parents can be part of the equation.
Under “General Provisions” in the law on adoption, the law says this:
If the genetic parent or parents of the child express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the court shall place the child with a family that meets the genetic parent’s religious preference, or if a family is not available, to a family of a different religious background that is knowledgeable and appreciative of the child’s religious background.
What does this mean?
The birth parents’ religion
A Jewish birth mother can request a Jewish family for her child. A Christian mom can request a Christian family. The law does not suggest that a birth parent can give preferential treatment to someone with a different religious background from her own.
Nor can a judge favor a family of one religious background over another.
The law simply favors a match between the religious beliefs of the biological and adoptive parents, if the birth parents request that.
Knowledgeable and appreciative
It could happen that there would be no family available that matches the birth parent’s religious background. For example, the population of Arkansas includes 0.2% Muslims and .1% Jewish residents. It is possible that adoptive parents following these religions would not be available, even if the birth family has religious preferences for their child’s adoptive family.
In that case, a suitable adoptive family could have a different religious tradition, but they would need to be “knowledgeable and appreciative of the child’s religious background.” This does not mean that the child must be raised in the birth parents’ religion, but that the adoptive family must respect and learn about that religious tradition. Ideally, they will share that information with their child.
Age can make a difference
The law aims to ensure that children are placed in homes where their religious heritage and beliefs are understood and valued, fostering a sense of continuity and belonging. A newborn will not have religious beliefs or experiences yet, but an older child may. If this issue arises during your adoption journey, it makes sense to think seriously about what being knowledgable and appreciative of your child’s religious heritage means to you.
Heimer Law has broad experience of adoption in Arkansas. We’re ready to help with all your questions.
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