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2017 Arkansas Code
Title 9 - Family Law
Subtitle 2 - Domestic Relations
Chapter 9 - Adoption
Subchapter 8 - Adoption Records
§ 9-9-802. Birth parent redaction request and contact preference forms
Universal Citation: AR Code § 9-9-802 (2017)
- (a) (1) (A) The Department of Health shall create and make available on its website:
- (i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803; and
- (ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent.
- (B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.
- (2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following:
- (A) Information about the procedures and requirements for a birth parent to have the form:
- (i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803; and
- (ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803;
- (B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section;
- (C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and
- (D) Any other information required by the department.
- (A) Information about the procedures and requirements for a birth parent to have the form:
- (3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following:
- (A) Information about the procedures and requirements for a birth parent to have the form:
- (i) Placed in the adoption file of the birth parent's offspring; and
- (ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form;
- (B) A section in which a birth parent may indicate whether a requester may:
- (i) Directly contact the birth parent;
- (ii) Contact the birth parent through an intermediary specified by the birth parent; or
- (iii) Not contact the birth parent directly or through an intermediary;
- (C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section;
- (D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable;
- (E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and
- (F) Any other information required by the department.
- (A) Information about the procedures and requirements for a birth parent to have the form:
- (2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following:
- (B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.
- (b) The department shall accept a form submitted under this section if:
- (1) The form is notarized;
- (2) The birth parent submits satisfactory proof of his or her identity as determined by the rules of the department;
- (3)
- (A) The birth parent completes, corrects, or expands his or her genetic or social history.
- (B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent's genetic or social history:
- (i) Was not previously compiled; or
- (ii) Was compiled but needs to be corrected or expanded; and
- (4) A completed form submitted under this section at least substantially complies with the requirements of this section.
- (c) The department shall not accept a form provided under this section that is completed and submitted by a birth parent for another birth parent.
- (d) The department shall place a form submitted under this section in the adoption file of the adoptee named on the form if:
- (1) The requirements of subsection (b) of this section are substantially met; and
- (2) The adoption file concerns the adoptee named on the form.
- (e)
- (1) Upon accepting a form submitted under subdivision (a)(2)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(2)(A)(i) of this section from the adoption file of the adoptee named on the form.
- (2) Upon accepting an updated form submitted under subdivision (a)(3)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(3)(A)(i) of this section from the adoption file and place the updated form in the adoption file.
- (f) The department shall maintain an electronic copy and destroy the hard copy of a form removed from an adoption file under subsection (e) of this section.
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