1. Arkansas Adult Adoption Law
The Arkansas Supreme Court has stated, adoptions are “governed entirely by statute”
and “[a]doption statutes are strictly construed.” In re Adoption of
A.M.P., 623 S.W.3d 571, 575 (Ark. 2021). However, the court has also limited the strict-compliance
standard to statutory requirements that are jurisdictional in nature, which are primarily
the statutory requirements having to do with consent. SeeLagios v. Goldman, 483 S.W.3d 810, 816 (Ark. 2016).
Arkansas’s statutory adoption scheme is primarily found within the Revised Uniform
Adoption Act at Ark. Code Ann. §§ 9-9-201 through 9-9-225. Arkansas Circuit Courts[3] have jurisdiction over determinations of adoption. See Ark. Code Ann. § 28-1-104. Under Arkansas law, “[a]ny individual” may be adopted.
Ark. Code Ann. § 9-9-203. Thus, an adult adoption is permissible. Additionally, Arkansas
limits the individuals who can adopt to: a husband and wife together, an unmarried
adult, an unmarried father or mother of the individual to be adopted, and in some
circumstances, a married individual without the other spouse joining in the petition.
SeeArk. Code Ann. § 9-9-204.
Adoption proceedings are initiated by the individual seeking to adopt (petitioner)
filing a petition in the county in which the petitioner or individual to be adopted
resides. See Ark. Code Ann. § 9-9-205(c), (d). For adult adoptions, the petition should include
(1) the date and place of birth of the individual to be adopted if known; (2) the
name to be used by the individual to be adopted; (3) the full name, age, place, and
duration of residence of the petitioner; (4) the marital status of the petitioner;
and (5) the name of any person whose consent is required, but has not consented. See Ark. Code Ann. § 9-9-210.[4] The petitioner must also file with the clerk the required consents for the adoption
and a certified copy of the birth certificate or verification of the birth record
of the individual to be adopted. See Ark. Code Ann. § 9-9-210(b). For adult adoptions, the individual to be adopted and
his or her spouse must execute a written consent. SeeArk. Code Ann. § 9-9-206(b). The individual to be adopted must execute the consent
in the presence of the court, and the consent should contain the name of the adopting
parent unless the consent contains a statement that the person consenting voluntarily
executed the consent irrespective of disclosure of the name or other identification
of the adopting parent. SeeArk. Code Ann. § 9-9-208(a)(1), (b). The consent should also state the individual
has a right to withdraw the consent and provide the address of the probate division
clerk of the circuit court of the county where the petition for adoption will be filed.
See Ark. Code Ann. § 9-9-209(b)(2). Arkansas does not require consent from any parent
of the adult. SeeArk. Code Ann. § 9-9-207(a)(7); Tapp, 638 S.W.3d at 18 n.2 (noting Arkansas’s adoption statutes do not require notice
or consent of an individual’s parents to the adoption if the individual to be adopted
in an adult). In most circumstances, Arkansas allows individuals to withdraw their
consent within ten calendar days after the consent to adopt is signed, but does not
apply this ten-day withdrawal period to an adult being adopted or the adult’s spouse.
SeeArk. Code Ann. § 9-9-209(b), (c)(2). A consent cannot be withdrawn after the entry
of the adoption decree. See Ark. Code Ann. § 9-9-209(a).
After filing a petition to adopt an adult, the court must order that a copy of the
petition and notice and place of the hearing be given to any person whose consent
is required for the adoption but who has not consented.[5] See Ark. Code Ann. § 9-9-212(d)(1). Both the petitioner and individual to be adopted
must appear at the hearing unless excused for good cause. See Ark. Code Ann. § 9-9-214(a). A court may issue a final decree of adoption if, at
the conclusion of the hearing, the court finds all required consents have been obtained,
any time for withdrawal of consent has passed, and, based on clear and convincing
evidence, adoption is in the best interest of the individual to be adopted. See Ark. Code Ann. § 9-9-214(c); Lagios, 483 S.W.3d at 816 (holding the circuit court must find from clear and convincing
evidence that adoption is in the best interest of the child but an appellate court
cannot reverse unless adoption is clearly against the preponderance of the evidence).
Except with respect to the spouse of the petitioner and the spouse’s relatives, a
final decree of adoption terminates the legal relationship between the adopted individual
and his or her biological relatives, including the parents, and creates the relationship
of parent and child between the petitioner and the adopted individual for all purposes.
See Ark. Code Ann. § 9-9-215(a).
2. Application of Arkansas Law to the December XX, 2020 Decree of
Adoption
Here, we believe Arkansas courts would find NH’s adoption of Claimant valid under
Arkansas law. As detailed above, Arkansas allows adult adoptions and the Decree of
Adoption states Claimant executed a written consent. See Ark. Code Ann. §§ 9-9-203, 9-9-206(b). There is nothing to suggest Claimant’s consent
did not conform to the statutory requirements of how a consent should be executed.
See Ark. Code Ann. § 9-9-208. Claimant was also not married at the time of the adoption,
and thus, the requirement that a spouse execute a written consent did not apply to
him. See Ark. Code Ann. § 9-9-206(b). Likewise, NH was unmarried at the time and thus, could
adopt Claimant. See Ark. Code Ann. § 9-9-204(2). The Decree of Adoption also noted that Claimant and
NH were present at the hearing. See Ark. Code Ann. § 9-9-214(a). Although the court indicated it waited ten days to issue
the decree, during which time Claimant could have withdrawn his consent, this ten-day
period is not required for adult adoptions. SeeArk. Code Ann. § 9-9-209(b), (c)(2). The Decree of Adoption also reflects consideration
that all required consents were executed and that the adoption would be in Claimant’s
best interest. SeeArk. Code Ann. § 9-9-214(c). As to whether the adoption was in Claimant’s best interests,
the Decree of Adoption noted that NH was Claimant’s grandmother, Claimant had lived
with NH since 2012,[6] and no person or agency objected to the adoption. SeeSkelton v. Davis, 639 S.W.3d 373, 378 (Ark. Ct. App. 2021) (affirming circuit court’s best interest
finding where petitioner had been a stable and consistent part of the adopted child’s
daily life for several years).
Although NH did not provide the agency a copy of the petition to adopt or Claimant’s
executed consent, even if those forms did not strictly comply with the Arkansas adoption
statutes, the Jefferson County Circuit Court could still retain jurisdiction over
the adoption petition. SeeLagios, 483 S.W.3d at 815-17 (holding that failure of adoption petition to include all the
information required in Ark. Code Ann. § 9-9-210 did not deprive the circuit court
of jurisdiction where all of the information was made part of the record before the
adoption decree was entered); Martin v. Martin, 875 S.W.2d 819, 821 (Ark. 1994) (holding failure of consent to comply precisely
with adoption code did not prejudice the appellant who executed the consent and could
have withdrawn her consent within ten days of executing the consent). In circumstances
where a petition for adoption or consent did not comply to form, courts have considered
whether the information those documents provided was, nevertheless, made a part of
the record or if the party complaining of the noncompliance was prejudiced. Seeid. The Report of Adoption certified by the court clerk and the adoption decree includes
most of the information required to be listed in a petition for adult adoptions, including
the date and place of birth of Claimant, Claimant’s name, NH’s full name, age, and
place of residence, and NH’s unmarried status. See Ark. Code Ann. § 9-9-210 (providing information that must be contained in the petition).
The information contained in the Report of Adoption was likely gleaned from the court
record and possibly the petition to adopt. Although the Report of Adoption does not
specifically identify NH’s duration at her residence, the Decree of Adoption does
state that Claimant had been living with NH since 2012. The omission of this information
would not appear to prejudice any party. As to Claimant’s consent, the Decree of Adoption
states it was executed and that Claimant was provided time to withdraw the consent.
SeeMartin, 875 S.W.2d at 821 (holding circuit court had jurisdiction even if consent document
omitted clerk’s address required by Ark. Code Ann. § 9-9-209(b)(2) where record showed
consent was given, the individual had knowledge she could withdraw consent, and she
had an opportunity to withdraw the consent). Claimant also was present at the hearing
where testimony was taken, and no party objected to the entry of an adoption. Thus,
Claimant had knowledge that NH was the adopting parent and he could withdraw the consent.
See Ark. Code Ann. §§ 9-9-208(b), 9-9-209(b)(2). The Decree of Adoption’s notation that
testimony was taken and no party objected also indicates that both NH and Claimant
participated in the hearing, were knowledgeable of the purpose of the proceeding,
and consented to the adoption. SeeLagios, 483 S.W.3d at 815-17 (finding evidence of petitioner’s knowledge and consent where
petitioner appeared before the judge and provided testimony regarding the circumstances
that supported the adoption). Here, nothing suggests the Circuit Court did not have
jurisdiction over NH’s petition to adopt Claimant. The effect of an adoption decree
is to create a parent and child relationship between the petitioner and the adopted
individual for all purposes. See Ark. Code Ann. § 9-9-215(a)(2). Thus, the final Decree of Adoption entered on December
XX, 2020, created a parent and child relationship between NH and Claimant under Arkansas
law.
We also note that, with some exceptions, Arkansas limits challenges to an adoption
decree to a one-year period. See Ark. Code Ann. § 9-9-216(b); Tate v. Bennett, 20 S.W.3d 370, 371-72 (Ark. 2000) (holding grandmother who did not receive notice
of adoption could not challenge adoption after one-year period). Specifically, after
the one-year period has expired and if the adoption is not already the subject of
an appeal, “the decree cannot be questioned by any person including the petitioner,
in any manner upon any ground, including fraud, misrepresentation, failure to give
any required notice, or lack of jurisdiction of the parties or of the subject matter.”
SeeArk. Code Ann. § 9-9-216(b). However, this one-year limitation does not apply in the
case of an adult adoption if the adult had no knowledge of the decree within the one-year
period.[7] Id. Court have also found adoptions can be set aside after the one-year period if fraud
upon the court is alleged and proved, seeCarr v.
Miller, 184 S.W.3d 470, 473 (Ark. Ct. App. 2004) and in cases where the natural parents
of a minor child did not receive notice of the child’s adoption,[8] seeMayberry v. Flowers, 65 S.W.3d 418, 421-24 (Ark. 2002); McKinney v. Ivey, 698 S.W.2d 506, 507-08 (Ark. 1985). Here, we are unaware of any timely legal challenge
to the Decree of Adoption entered as to NH and Claimant on December XX, 2020, or to
any circumstances that would justify an untimely challenge after the one-year period.
Notably, any challenge to whether the petition to adopt or Claimant’s consent complied
precisely with sections 9-9-208 and 9-9-210 of the Arkansas Code Annotated would be
prohibited at this point. SeeArk. Code Ann. § 9-9-208 (describing how consent is executed); § 9-9-210 (providing
information that must be contained in the petition and documents that must be filed
with the petition, including the required consents).
3. Consideration of the Arkansas Decree of Adoption and the Gray
Factors
Finally, consistent with SSR 83-37c, we note that the agency is generally not bound
by a state court’s decision. See SSR 83-37c, 1983 WL 31272, at *3 (adopting Gray v. Richardson, 474 F.2d 1370 (6th Cir. 1973) as national policy). State court determinations on
domestic relations matters bind the agency only when they meet the following criteria
of SSR 83-37c (the Gray factors): (1) when a state court of competent jurisdiction has determined an issue
in a claim for Social Security benefits; (2) when parties with opposing interests
genuinely contested the issue before the state court; (3) when the issue falls within
the general category of domestic relations law; and (4) when the state court’s resolution
is consistent with the law enunciated by the State’s highest court. Here, the agency
is not bound by the state court’s Decree of Adoption under SSR 83-37c because the
issue was not genuinely contested by opposing parties. Nevertheless, as discussed
above, the Arkansas court’s Decree of Adoption appears consistent with Arkansas law
and constitutes strong evidence supporting the validity of the adoption.
In sum, nothing in the December XX, 2020 Decree of Adoption or in the other information
provided undermines the validity of NH’s adoption of Claimant under Arkansas law.
As the Decree of Adoption is consistent with Arkansas law, we believe it would be
reasonable for the agency to defer to the Arkansas Circuit Court’s December XX, 2020
Decree of Adoption to find that Claimant is the legally adopted child of NH for Title
II benefit purposes.