updated 03/01/2007; comments to ksampson@uark.edu

• Arkansas Code On-Line (click on this link and conduct a search for "putative father" to find all Arkansas statuory provisions related to the putative father term, including sec. 9-9-224 summarized in the previous section).

• Ark. Code Ann. sec. 9-9-224(a).
  (a) Upon filing of the petition for adoption and prior to the entry of a decree for adoption a certified statement shall be obtained from the putative father registry stating: (1) The information contained in the registry in regard to the child who is the subject of the adoption; or (2) That no information is contained in the registry at the time the petition for adoption was filed.

• Ark. Code Ann. sec. 9-9-224(b).
  When information concerning the child is contained in the putative father registry at the time of the filing of the petition for adoption, notice of the adoption proceedings shall be served on the registrant unless waived by the registrant in writing signed before a notary public. All confidential information regarding the adoptive parents and the child to be adopted shall be removed from the notice prior to being served to the registrant. Service of notice under this section shall be given in accordance with the Arkansas Rules of Civil Procedure, except that notice by publication shall not be required.

• Ark. Code Ann. sec. 9-9-224(c). Upon receipt of notice, the registrant, if he wishes to appear and be heard, shall file a responsive pleading within the time limits set in the Arkansas Rules of Civil Procedure.

General Information

• Web Sites and Addresses of Relevant Department of Health Offices
  The gateway web site for public information like Arkansas's Putative Father Registry is at the Arkansas Department of Health, http://www.healthyarkansas.com/index.html

  For data maintained at the Department of Health, by category, go to: http://www.healthyarkansas.com/services/services_ts2_all.html#Vital

  With regard to the Putative Father Registry specifically, follow this link to "Vital Records" to obtain information about birth and death records and FAQ: http://www.healthyarkansas.com/certificates/certificates.html

  Arkansas Department of Health
  Division of Vital Records, Amendments Section - Slot 44
  Legal Department
  4815 West Markham Street
  Little Rock, AR 72205-3867
  (501) 661-2174
  (800) 637-9314 extension 2174

• Legal Commentaries

  Laura Oren, Thwarted Fathers or Pop-up Pops?: How to Determine When Putative Fathers Can Block the Adoption of Their Newborn Children, 40 Fam. L.Q. 153 (2006).

  Laurence C. Nolan, Preventing Fatherlessness Through Adoption While Protecting the Parental Rights of Unwed Fathers: How Effective Are Paternity Registries? 4 Whittier J. Child & Fam. Advoc. 289 (2005).

  Commentary with an Arkansas Focus

  --"A. Clarification of Putative Father Registry Law Act 200 of 2005 adds subdivisions to Arkansas Code Annotated section 20-18-702 relating to the Putative Father Registry. The legislature's goal was to clarify the law regarding the registry. The purpose of the registry is to give putative fathers the right to receive notice of legal proceedings relating to the father's registered child. Before a putative father's rights can attach, he is required to establish a significant custodial, personal, or financial relationship with the registered child. When receiving the registrant's signed and acknowledged written statement, the Department of Health must record the date and time of receipt on the statement." Jennie A. Clark, Arkansas General Assembly: Title 20 Public Health and Welfare, 28 U. Ark. Little Rock. L. Rev. 389, 389 (2006).

  --C. Aaron Holt, The Confusion and Clarification of Arkansas's Adoption Consent Law: In Re the Adoption of SCD, a Minor, and the Arkansas General Assembly's Response, 58 Ark. L. Rev. 735 (2005).

  -- H. Keith Morrison and Patricia A. Sievers, Adoption Law in Arkansas, 53 Ark. L. Rev. 1, 16-24 (2000).

  -- Kathryn A. Sampson, Kim Flanery Coats, and Coleen M. Barger, Arkansas's Putative Father Registry and Related Adoption Code Provisions: Inadequate Protection for Thwarted Putative Fathers, 1997 Ark. Law Notes 49 (1997).

  -- Kaye McLeod, Private Placement Adoptions, 28-Fall Ark. Lawyer 46 (1994).