Arkansas Adoption Law
Permits single GLBT individuals to petition to adopt? Yes.
Arkansas law permits any adult or husband and wife to petition to adopt. ARK. CODE ANN. § 9-9-204.
Permits a same-sex couple to jointly petition to adopt? No explicit prohibition
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.
Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? Unclear.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.
Details: In 1999, the Arkansas Child Welfare Agency Review Board adopted a regulation barring private child welfare agencies and the state Department of Human Services from allowing gay and lesbian people to serve as foster parents. In December 2004, however, an Arkansas court ruled that this regulation was unconstitutional.
In 2006, the Supreme Court of Arkansas affirmed that the Arkansas Child Welfare Agency Review Board regulation 200.3.2 unconstitutionally violated separation of powers doctrine. Dep’t of Human Servs. and Child Welfare Agency Review Bd. v. Howard, 367 Ark. 55 (Ark. June 29, 2006). In 2008, voters may decide whether to pass a new law barring individuals "cohabiting with a sexual partner outside of marriage" from adopting. Proponents of the measure are currently gathering signatures in an attempt to place this measure before voters in November 2008.
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Last Updated: 1/14/2008