Jack Nelson Jones & Bryant

October 13-19, 2014

In Re Adoption of I.C., 2014 Ark. App. 513 (October 1, 2014).

This appeal comes from the Benton County Circuit Court.  The Honorable Tom Smith presiding.

On June 5, 2013, Juniorette and Kevin Clark filed a petition for adoption in the Benton County Circuit Court. The petition explained that the child to be adopted was born on June 1 and that the mother of the child, Hall, had signed a relinquishment of her parental rights and consent to adoption, which was attached to the petition. In this document, Hall relinquished all rights and obligations to her child, consented to adoption by the Clarks and stated that adoption was in her child’s best interest, waived her right to revoke the relinquishment within ten days after the child’s birth, and acknowledged that she had five days after the birth of the baby to revoke her relinquishment by filing a notarized affidavit of withdrawal with the Benton County Clerk. Hall signed this document on January 10, 2013.

On June 6, 2013, the Clarks filed a motion to gain custody of the child or, in the alternative, to require Hall to appear in court with the child. The motion explained that Hall had failed to communicate with the Clarks and had taken the child from the hospital. The Clarks expressed concern for the child’s safety and questioned Hall’s stability and parenting skills. The court ordered Hall to appear with the child on June 11, 2013. On that date, Hall appeared and informed the court that she was withdrawing her consent to the adoption. The Clarks’ counsel argued that Hall’s attempted withdrawal was outside the five-day period allowed by statute and requested a formal adoption hearing so that proof could be offered on whether Hall’s relinquishment was valid.

The court held a final hearing on August 16, 2013. At the hearing’s conclusion, the court denied the petition for adoption. It found that, under Ark. Code Ann. § 9-9-220, the relinquishment of parental rights was subject to court approval and that it did not approve because (1) Hall did not receive a copy of the consent agreement, and “without a copy being given to the mother, you can’t make informed consent and waiver,” (2) the Clarks were put on notice as of April 20 that Hall had possibly changed her mind, (3) Hall was under duress and intimidation when she executed the consent, and (4) it was not in the child’s best interest to allow the adoption at this time because the child had been with the mother for three months. The Clarks appealed.

On appeal to the Arkansas Court of Appeals, the Clarks argued that the circuit court clearly erred in allowing the revocation beyond the five-day period allowed by statute because Hall never filed an affidavit within the five-day time frame. The Court held that it could not reach the Clarks’ argument because they failed to challenge the court’s finding that the adoption was not in the child’s best interest. The Court held, even if a biological parent has validly consented to the adoption of a child, the circuit court may still deny the adoption petition if it finds that the adoption is not in the child’s best interest. Affirmed.