Arkansas has passed a flurry of new laws, and is keeping up the pace, with more new laws under consideration by the state legislature. One liberalizes the rules about reinstating parental rights which have been terminated.
Parental rights
In an adoption case, a child whose birth parents’ parental rights have been terminated is considered available for adoption. The parents do not need to give consent to the adoption in this situation. They are no longer legally the parents of the child, so their opinion on the adoption is not required.
If the law, Senate Bill 325, passes, parents will be allowed to file for reinstatement of parental rights two years after the rights were terminated, with the consent of the Executive Director of the Arkansas Commission for Parent Counsel. As of this writing, the government’s information page for this agency is blank. It was established under Title 9 of the Arkansas Code.
Some of the reasons for termination of parental rights include abandonment or abuse of the child, including a full year without contact or financial support. The new law appears to focus on providing support for families in preference to placing children in foster care.
How might this affect adoptions?
The bill specifically says that parents of a child who has been successfully adopted may not apply for reinstatement of parental rights. Only if an adoption took place but was disrupted could they do so. In other words, an adopted child’s birth parents cannot ask to have the child returned to them under this law.
However, it is possible that an adoption might be delayed. If the adoptive parents have assumed that since the adoptive parents had their parental rights terminated, there was no need to ask for their consent, the parents could petition for reinstatement of these rights and delay or even derail the adoption.
Let’s say that a birth mom left her child with a cousin for a full year without contacting the child. The mother could lose her parental rights and the child could be placed in foster care or the cousin could be named as a guardian. If, instead, a family friend asks to adopt the child, the cousin could support that choice. The petition for adoption could be filed without the consent of the mother.
Imagine further that the mother hears about this plan and suddenly feels that she wants to parent her child. She could apply for reinstatement of her parental rights and refuse consent for the adoption. The court would have to decide what was in the best interests of the child.
However, as previously stated, a finalized adoption would not be affected by Senate Bill 325, even if it becomes law.
Adoption is complicated and laws change. Heimer Law specializes in adoptions, so we can always give you the most current information, and help you make sure that your adoption journey goes as smoothly as possible.
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