Stricken language would be deleted from and underlined language would be added to present law.
Act 993 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1921
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5 By: Representative Penzo
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE WITHDRAWAL OF
9 CONSENT TO ADOPTION; AND FOR OTHER PURPOSES.
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12 Subtitle
13 TO AMEND THE LAW CONCERNING THE
14 WITHDRAWAL OF CONSENT TO ADOPTION.
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17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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19 SECTION 1. Arkansas Code 9-9-209 is amended to read as follows:
20 9-9-209. Withdrawal of consent.
21 (a) A consent to adoption cannot be withdrawn after the entry of a
22 decree of adoption.
23 (b)(1)(A) A natural person may withdraw his or her consent to adopt
24 may be withdrawn within ten (10) calendar days, or, if a waiver of the ten-
25 day period is elected under subdivision (b)(3) of this section, five (5)
26 calendar days after it is signed or the child is born, whichever is later, by
27 filing an affidavit with the probate division clerk of the circuit court in
28 the county designated by the consent as the county in which the guardianship
29 petition will be filed, if there is a guardianship, or where the petition for
30 adoption will be filed, if there is no guardianship.
31 (B)(i) If the ten-day period, or, if a waiver of the ten-
32 day period is elected under subdivision (b)(3) of this section, the five-day
33 period ends on a weekend or a legal holiday, the natural person may file the
34 affidavit the next working day.
35 (ii) No fee shall be charged for the filing of the
36 affidavit. The court may waive the ten-day period for filing a withdrawal of
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1 consent for agencies as defined by 9-9-202(5), minors over ten (10) years
2 of age who consented to the adoption, or biological parents if a stepparent
3 is adopting.
4 (2) The If a natural person is consenting to the adoption, the
5 consent shall state that the person has the right of withdrawal of consent
6 and shall provide the address of the probate division clerk of the circuit
7 court of the county in which the guardianship will be filed, if there is a
8 guardianship, or where the petition for adoption will be filed, if there is
9 no guardianship.
10 (3) The If a natural person is consenting to the adoption, the
11 consent shall state that the person may waive the ten-day period for the
12 withdrawal of consent for an adoption and elect to limit the maximum time for
13 the withdrawal of consent for an adoption to five (5) days.
14 (c)(1) The court may excuse the period for filing a withdrawal of
15 consent under subsection (b) of this section for a biological parent if a
16 stepparent is adopting.
17 (2) The period for filing a withdrawal of consent under
18 subsection (b) of this section does not apply to:
19 (A) An agency as defined in 9-9-202; or
20 (B) A minor:
21 (i) Who is over twelve (12) years of age; and
22 (ii) Whose consent to adoption is required.
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25 APPROVED: 4/28/21
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