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2017 Arkansas Code
Title 9 - Family Law
Subtitle 2 - Domestic Relations
Chapter 9 - Adoption
Subchapter 5 - Voluntary Adoption Registry
§ 9-9-504. Registry -- Operation
Universal Citation: AR Code § 9-9-504 (2017)
- (a)
- (1) The adult adoptee and each birth parent and each individual related within the second degree whose identity is to be disclosed may voluntarily place his or her name in the appropriate registry by submitting a notarized affidavit stating his or her name, address, and telephone number and his or her willingness to be identified solely to the other relevant persons who register.
- (2) No registration shall be accepted until the prospective registrant submits satisfactory proof of his or her identity in accord with rules specified in § 9-9-508.
- (3) The failure to file a notarized affidavit with the registry for any reason, except death, shall preclude the disclosure of identifying information to those persons who do register.
- (b) (1) (A) Upon registering, the registrant shall participate in not less than one (1) hour of counseling with a social worker employed by the entity that operates the registry. If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from a social worker employed by a licensed agency in that other state selected by the entity that operates the registry.
- (B) If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from a social worker employed by a licensed agency in that other state selected by the entity that operates the registry.
- (2) When an eligible person registers concerning an adoption that was arranged through an agency that has not merged or otherwise ceased operations, and that same agency is not operating the registry, the entity operating the registry shall notify, by certified mail within ten (10) business days after the date of registration, the agency that handled the adoption.
- (B) If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from a social worker employed by a licensed agency in that other state selected by the entity that operates the registry.
- (c) In any case in which the identity of the birth father was unknown to the birth mother, or in which the administrator learns that one (1) or both birth parents are deceased, this information shall be shared with the adult adoptee. In those cases, the adoptee shall not be able to obtain identifying information through the registry, and he or she shall be told of his or her right to pursue whatever right otherwise exists by law to petition a court to release the identifying information.
- (d) The following shall be matching and disclosure procedures:
- (1) Each mutual consent voluntary adoption registry shall be operated under the direction of an administrator;
- (2) The administrator shall be bound by the confidentiality requirements of this subchapter and shall be permitted reasonable access to the registry for the purposes set forth in this subchapter and for such purposes as may be necessary for the proper administration of the registry;
- (3) A person eligible to register may request the administrator to disclose identifying information by filing an affidavit that sets forth the following:
- (A) The current name and address of the affiant;
- (B) Any previous name by which the affiant was known;
- (C) The original and adopted names, if known, of the adopted child;
- (D) The place and date of birth of the adopted child; and
- (E)
- (i) The name and address of the adoption agency or other entity, organization, or person placing the adopted child, if known.
- (ii) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit.
- (iii) The registry shall have no duty to search for the affiant who fails to register his or her most recent address;
- (4)
- (A) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents or individuals related within the second degree. The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match.
- (B) The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match;
- (5) The administrator shall determine that there is a match when the adult adoptee and a birth parent or individual related within the second degree have filed affidavits with the mutual consent voluntary adoption registry and have each received the counseling required in subsection (b) of this section; and
- (6)
- (A) An agency receiving an assignment of a match under the provisions of this subchapter shall directly or by contract with a licensed adoption agency in this state notify all registrants through a direct and confidential contact.
- (B) The contact shall be made by an employee or agent of the agency receiving the assignment.
- (C) The employee or agent shall be a trained social worker who has expertise in postlegal adoption services.
- (e)
- (1) Any affidavits filed and other information collected shall be retained for ninety-nine (99) years following the date of registration.
- (2) Any qualified person may choose to remove his or her name from the registry at any time by filing a notarized affidavit with the registry.
- (f)
- (1) A mutual consent voluntary adoption registry shall obtain only information necessary for identifying registrants.
- (2) In no event shall the registry obtain information of any kind pertaining to the adoptive parents or any siblings to the adult adoptee who are children of the adoptive parents.
- (g) All costs for establishing and maintaining a mutual consent voluntary adoption registry shall be obtained through users' fees charged to all persons who register.
- (h) Beginning January 1, 2002, the Department of Human Services shall place the affidavit form for placement on the mutual adoption registry on the department's website.
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