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Arkansas General Assembly· SB 599Notification that SB599 is now Act 744

An act TO ELIMINATE INTERLOCUTORY DECREES OF 10 ADOPTION, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 As Engrossed: S4/7/25
2 95th General Assembly
                                         A Bill

3 Regular Session, 2025                                         SENATE BILL 599

4

5 By: Senators C. Tucker, C. Penzo

6 By: Representatives Hudson, McCullough

7

8                                   For An Act To Be Entitled

9   AN ACT TO ELIMINATE INTERLOCUTORY DECREES OF

10  ADOPTION; TO AMEND THE REVISED UNIFORM ADOPTION ACT;

11  AND FOR OTHER PURPOSES.

12

13

14                                        Subtitle

15                       TO ELIMINATE INTERLOCUTORY DECREES OF

16                       ADOPTION; AND TO AMEND THE REVISED

17                       UNIFORM ADOPTION ACT.

18

19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

20

21  SECTION 1. Arkansas Code � 9-9-104(c), concerning the collection of

22 adoption information, is amended to read as follows:

23  (c) Before the entry of an interlocutory or a final decree of

24 adoption, the petitioner shall complete the adoption information sheet and

25 return it to the clerk.

26

27  SECTION 2. Arkansas Code � 9-9-205(a)(1)-(3), concerning jurisdiction

28 over a petition for the adoption of a minor under the Revised Uniform

29 Adoption Act, is amended to read as follows:

30  (a) Jurisdiction of adoption of minors:

31  (1) The state shall possess jurisdiction over the adoption of a

32 minor if the person seeking to adopt the child, or the child, is a resident

33 of this state.

34  (2) For purposes of this subchapter:

35                       (A) A child under the age of six (6) months shall be

36 considered a resident of this state if the:

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    As Engrossed: S4/7/25                                                    SB599

1                          (i) Child's birth mother resided in Arkansas for

2 more than four (4) months immediately preceding the birth of the child;

3                          (ii) Child was born in this state or in any border

4 city that adjoins the Arkansas state line or is separated only by a navigable

5 river from an Arkansas city that adjoins the Arkansas state line; and

6                          (iii) Child remains in this state until the

7 interlocutory decree has been entered, or in the case of a nonresident

8 adoptive family, upon the receipt of approval pursuant to the Interstate

9 Compact on the Placement of Children, � 9-29-201 et seq., the child and the

10 prospective adoptive parents may go back to their state of residence and

11 subsequently may return to Arkansas for a hearing on the petition for

12 adoption;

13                    (B) A child over the age of six (6) months shall be

14 considered a resident of this state if the child:

15                         (i) Has resided in this state for a period of six

16 (6) months;

17                         (ii) Currently resides in Arkansas; and

18                         (iii) Is present in this state at the time the

19 petition for adoption is filed and heard by a court having appropriate

20 jurisdiction; and

21                    (C) A person seeking to adopt is a resident of this state

22 if the person:

23                         (i) Occupies a dwelling within the state;

24                         (ii) Has a present intent to remain within the state

25 for a period of time; and

26                         (iii) Manifests the genuineness of that intent by

27 establishing an ongoing physical presence within the state together with

28 indications that the person's presence within the state is something other

29 than merely transitory in nature.

30              (3)(A) If the juvenile is the subject matter of an open case

31 filed under the Arkansas Juvenile Code of 1989, � 9-27-301 et seq., the

32 adoption petition shall be filed in that case.

33                    (B) The circuit court shall retain jurisdiction to issue

34 orders of adoption, interlocutory or final, when a juvenile is placed outside

35 the State of Arkansas.

36

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    As Engrossed: S4/7/25                                                 SB599

1       SECTION 3. Arkansas Code � 9-9-212(a)(2), concerning the entry of an

2 order for an adoption after the period for withdrawal of consent has elapsed

3 under the Revised Uniform Adoption Act, is amended to read as follows:

4            (2) No orders of adoption, interlocutory or final, may be

5 entered prior to the period for withdrawal.

6

7       SECTION 4. Arkansas Code � 9-9-213, as amended by 2025 Acts No. 139,

8 concerning the required residence of a minor who is the subject of a petition

9 for adoption under the Revised Uniform Adoption Act, is amended to read as

10 follows:

11      9-9-213. Required residence of minor.

12      (a)(1) In an adoption where the child is not in the custody of the

13 Department of Human Services, a final decree of adoption shall not be issued

14 and an interlocutory decree of adoption does not become final until the minor

15 to be adopted has lived in the home for at least six (6) months after

16 placement by an agency or for at least six (6) months after:

17           (A) Placement by a child placement agency licensed under

18 the Child Welfare Agency Licensing Act, � 9-28-401 et seq.; or

19           (B) The petition for adoption is filed.

20           (2) This subsection does not apply if the minor to be adopted

21 is:

22           (A) The stepchild of the petitioner; or

23           (B) Less than six (6) months of age at the time the

24 petition was filed.

25      (b) In an adoption where the child is in the custody of the

26 department, a final decree of adoption shall not be issued and an

27 interlocutory decree of adoption does not become final until the minor to be

28 adopted has lived in the home for at least six (6) months unless:

29           (1) The minor to be adopted must reside outside of the home to

30 receive medically necessary health care;

31           (2) The minor to be adopted is less than six (6) months of age;

32 or

33           (3) The Director of the Division of Children and Family Services

34 waives the residency requirement for a minor to be adopted when the minor is

35 sixteen (16) years of age or older and is participating in a life skills,

36 technical, or vocational program.

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    As Engrossed: S4/7/25                                                    SB599

1

2   SECTION 5. Arkansas Code � 9-9-214(c), concerning the issuance of a

3 decree for adoption after the period of time for the withdrawal of consent

4 and relinquishment have passed and the adoption is in the best interest of

5 the individual to be adopted under the Revised Uniform Adoption Act, is

6 amended to read as follows:

7   (c) If at the conclusion of the hearing the court determines that the

8 required consents have been obtained or excused and the required period for

9 the withdrawal of consent and withdrawal of relinquishment have has passed

10 and that the adoption is in the best interest of the individual to be

11 adopted, it may (1) issue a final decree of adoption; or (2) issue an

12 interlocutory decree of adoption which by its own terms automatically becomes

13 a final decree of adoption on a day therein specified, which day shall not be

14 less than six (6) months nor more than one (1) year from the date of issuance

15 of the decree, unless sooner vacated by the court for good cause shown.

16

17  SECTION 6. Arkansas Code � 9-9-215 is amended to read as follows:

18  9-9-215. Effect of decree of adoption.

19  (a) A final decree of adoption and an interlocutory decree of adoption

20 which has become final, whether issued by a court of this state or of any

21 other place, have has the following effect as to matters within the

22 jurisdiction or before a court of this state:

23  (1) Except with respect to a spouse of the petitioner and

24 relatives of the spouse, to relieve the biological parents of the adopted

25 individual of all parental rights and responsibilities, and to terminate all

26 legal relationships between the adopted individual and his or her biological

27 relatives, including his or her biological parents, so that the adopted

28 individual thereafter is a stranger to his or her former relatives for all

29 purposes. This includes inheritance and the interpretation or construction of

30 documents, statutes, and instruments, whether executed before or after the

31 adoption is decreed, which do not expressly include the individual by name or

32 by some designation not based on a parent and child or blood relationship.

33 However, in cases where a biological or adoptive parent dies before a

34 petition for adoption has been filed by a step-parent of the minor to be

35 adopted, the court may grant visitation rights to the parents of the deceased

36 biological or adoptive parent of the child if such parents of the deceased

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    As Engrossed: S4/7/25                                                    SB599

1 biological or adoptive parent had a close relationship with the child prior

2 to the filing of a petition for step-parent adoption, and if such visitation

3 rights are in the best interests of the child. The foregoing provision shall

4 not apply to the parents of a deceased putative father who has not legally

5 established his paternity prior to the filing of a petition for adoption by a

6 step-parent. For the purposes of this section, "step-parent" means an

7 individual who is the spouse or surviving spouse of the biological or

8 adoptive parent of a child but who is not a biological or adoptive parent of

9 the child.

10            (2) To create the relationship of parent and child between

11 petitioner and the adopted individual, as if the adopted individual were a

12 legitimate blood descendant of the petitioner, for all purposes including

13 inheritance and applicability of statutes, documents, and instruments,

14 whether executed before or after the adoption is decreed, which do not

15 expressly exclude an adopted individual from their operation or effect.

16  (b) An interlocutory decree of adoption, while it is in force, has the

17 same legal effect as a final decree of adoption. If an interlocutory decree

18 of adoption is vacated, it shall be as though void from its issuance, and the

19 rights, liabilities, and status of all affected persons which have not become

20 vested shall be governed accordingly.

21  (c) Sibling visitation shall not terminate if the adopted child was in

22 the custody of the Department of Human Services and had a sibling who was not

23 adopted by the same family and before adoption the circuit court in the

24 juvenile dependency-neglect or families-in-need-of-services case has

25 determined that it is in the best interests of the siblings to visit and has

26 ordered visitation between the siblings to occur after the adoption.

27

28  SECTION 7. Arkansas Code � 9-9-219 is amended to read as follows:

29  9-9-219. Application for new birth record.

30  Upon entry of a final decree of adoption or an interlocutory decree of

31 adoption that does not require a subsequent hearing, the clerk of the court

32 shall prepare an application for a birth record in the new name of the

33 adopted individual and forward the application to the appropriate vital

34 statistics office of the place, if known, where the adopted individual was

35 born and forward a copy of the decree to the Division of Vital Records for

36 statistical purposes. The division may issue a birth certificate for any

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    As Engrossed: S4/7/25                                                    SB599

1 child born in a place whose law does not provide for the issuance of a

2 substituted certificate.

3

4   SECTION 8. Arkansas Code � 9-9-220(a), concerning the termination of

5 parental rights by virtue of the entry of a decree of adoption under the

6 Revised Uniform Adoption Act, is amended to read as follows:

7   (a) With the exception of the duty to pay child support, the rights of

8 a parent with reference to a child, including parental right to control the

9 child or to withhold consent to an adoption, may be relinquished and the

10 relationship of parent and child terminated in or prior to an adoption

11 proceeding as provided in this section. The duty of a parent to pay child

12 support shall continue until an interlocutory a decree of adoption is

13 entered.

14

15  SECTION 9. Arkansas Code � 9-14-237(a)(1), concerning the duty of a

16 payor parent to pay child support automatically terminating by operation of

17 law, is amended to read as follows:

18  (a)(1) Unless a court order for child support specifically extends

19 child support after these circumstances, a payor parent's duty to pay child

20 support for a child shall automatically terminate by operation of law:

21                (A) When the child reaches eighteen (18) years of age

22 unless the child is still attending high school;

23                (B) If the child is still attending high school, upon the

24 child's high school graduation or the end of the school year after the child

25 reaches nineteen (19) years of age, whichever is earlier;

26                (C) When the child:

27                         (i) Is emancipated by a court of competent

28 jurisdiction;

29                         (ii) Marries; or

30                         (iii) Dies;

31                (D) Upon the marriage of the parents of the child to each

32 other; or

33                (E) Upon the entry of a final decree of adoption or an

34 interlocutory decree of adoption that has become final under the Revised

35 Uniform Adoption Act, � 9-9-201 et seq., and, thereby relieves relieving the

36 payor parent of all parental rights and responsibilities.

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    As Engrossed: S4/7/25                                                    SB599

1

2   SECTION 10. Arkansas Code � 9-27-306(a)(4), concerning jurisdiction to

3 issue an order of adoption for a juvenile placed outside of the State of

4 Arkansas under the Arkansas Juvenile Code of 1989, is amended to read as

5 follows:

6           (4) The court shall retain jurisdiction to issue orders of

7 adoption, interlocutory or final, if a juvenile is placed outside the State

8 of Arkansas.

9

10  SECTION 11. Arkansas Code � 23-98-106(a)(8)(A), concerning medical

11 insurance coverage for adopted minors, is amended to read as follows:

12          (8)(A) Every policy issued pursuant to this chapter which covers

13 the insured and members of the insured's family shall include coverage for

14 newborn infant children of the insured from the moment of birth, and for

15 adopted minors from the date of the interlocutory decree of adoption.

16

17  SECTION 12. DO NOT CODIFY. Effect on interlocutory decrees of

18 adoption issued before act.

19  (a) This act shall only affect a decree entered after the effective

20 date of this act.

21  (b) An interlocutory decree entered by a court of competent

22 jurisdiction before the effective date of this act shall remain valid

23 according to the terms set forth by the court.

24

25                              /s/C. Tucker

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