We’re often asked how long it takes for an adoption to become final, whether a birth mother can change her mind, and similar questions. We’ve often explained that once an adoption is final, it’s a legal reality and it can’t be upset or undone. We have also given the caveat that an adoption can be challenged in cases of fraud, or if the adoption wasn’t done properly under the law –that’s a different kettle of fish. That’s one of the reasons it’s so important to have a qualified adoption lawyer. But you might not know that there is a statute of limitations on adoption challenges in Arkansas.
What’s an adoption challenge?
An adoption challenge is a claim through legal channels that an adoption was not completed legally. There are many possible scenarios.
- For example, if the birth mother didn’t speak English and gave her consent without a translator being present to help her, the adoption is questionable.
- Another example would be a case in which no effort was made to notify the birth father before the adoption took place.
- Or perhaps neither the child nor the adoptive parent was actually a resident of Arkansas.
There are so many details and laws, not to mention changes in laws, that someone who tries to adopt a child without an adoption attorney may very well face challenges. If an adoption is challenged, th4e best interests of the child continue to be the most important point. It would be unusual for an adoption to be reversed over a technicality. However, it can still involve a lot of time, money, and stress to deal with a challenge. It’s not worth the risk to attempt a DIY adoption.
What’s a statute of limitations?
For many crimes, the perpetrator can’t get in trouble for it after a certain length of time. That’s a statute of limitations: a law (statute) about how long (the limitations) after the crime the perpetrator can be punished. For example, in Arkansas, someone who breaks a contract can be sued for breach of contract for five years after they break the contract. After six years, it’s too late to take them to task for their behavior.
What’s the limitation for adoption challenges?
In Arkansas, the statute of limitations on adoption challenges is one year. A year after the adoption is finalized, “the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties.” That’s very clear.
Of course, there are exceptions. In one of these very unusual circumstances, there could be a late challenge:
- If the adopted child is not yet living with the adoptive parents
- If there is an appeal already going on, and that appeal was filed before the one year deadline
- In the case of an adult adoption, if the adopted adult did not know about the adoption within the first year
Do you need to know all the details of Arkansas adoption law? No. You probably won’t know all those details. Instead you must have an expert Arkansas adoption lawyer. That describes Justin Heimer of Heimer Law exactly. Contact us with any questions you may have about your planned adoption.
Inquiry Form