State Laws and Legislation

Arkansas Adoption Law

Permits single LGBT 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
On Nov. 4, 2008, Arkansas voters approved a ballot measure to create a law (not a constitutional amendment) providing that an individual “cohabiting with a sexual partner outside of a [valid] marriage” may not adopt or serve as a foster parent. On April 16, 2010 a Pulaski County Circuit Judge ruled the statutory ban prohibiting unmarried couples from adopting to be unconstitutional. The decision has been appealed to the Arkansas Supreme Court. The Court has stayed the lower court’s ruling pending the outcome of the appeal – that is, the ban will remain in place for the time being.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
On Nov. 4, 2008, Arkansas voters approved a ballot measure to create a law (not a constitutional amendment) providing that an individual “cohabiting with a sexual partner outside of a [valid] marriage” may not adopt or serve as a foster parent. On April 16, 2010 a Pulaski County Circuit Judge ruled the statutory ban prohibiting unmarried couples from adopting to be unconstitutional. The decision has been appealed to the Arkansas Supreme Court. The Court has stayed the lower court’s ruling pending the outcome of the appeal – that is, the ban will remain in place for the time being.

Updated: Mon, May 17, 2010 - 10:59:59