The Anti-adoption Amendment -- Full Text | The Hoglawyer

Thursday, August 28, 2008

The Anti-adoption Amendment -- Full Text

Posted By on Thu, Aug 28, 2008 at 10:38 AM

Here is the full text of the amendment put on the ballot this week, and will be voted on in November unless successfully challenged in court,  that will prevent co-habitating adults from being foster parents or adopting.  To be clear, it means if you are in a sexual relationship with someone not your spouse and they live in your home - you cannot be a foster parent or adopt a child.

As has been pointed out - it applies equally to straight and gay couples.  It also means, even if this passes, there are no rules anywhere that prevent single people from adopting or being foster parents, whether they are straight or gay.

Popular Name

An Act Providing That An Individual Who Is Cohabiting Outside Of A Valid Marriage May Not Adopt Or Be A Foster Parent Of A Child Less Than Eighteen Years Old

Ballot Title

A proposed act providing that a minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state; stating that the foregoing prohibition applies equally to cohabiting opposite-sex and same-sex individuals; stating that the act will not affect the guardianship of minors; defining "minor" to mean an individual under the age of eighteen (18) years; stating that the public policy of the state is to favor marriage, as defined by the constitution and laws of this state, over unmarried cohabitation with regard to adoption and foster care; finding and declaring on behalf of the people of the state that it is in the best interest of children in need of adoption or foster care to be reared in homes in which adoptive or foster parents are not cohabiting outside of marriage; providing that the Director of the Department of Human Services shall promulgate regulations consistent with the act; and providing that the act applies prospectively beginning on January 1, 2009.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARKANSAS

Section 1: Adoption and foster care of minors.

(a) A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.

(b) The prohibition of this section applies equally to cohabiting opposite-sex and same-sex individuals.

Section 2: Guardianship of minors.

This act will not affect the guardianship of minors.

Section 3: Definition

As used in this act, "minor" means an individual under the age of eighteen (18) years.

Section 4: Public policy.

The public policy of the state is to favor marriage, as defined by the constitution and laws of this state, over unmarried cohabitation with regard to adoption and foster care.

Section 5: Finding and declaration.

The people of Arkansas find and declare that it is in the best interest of children in need of adoption or foster care to be reared in homes in which adoptive or foster parents are not cohabiting outside of marriage.

Section 6: Regulations

The Director of the Department of Human Services, or the successor agency or agencies responsible for adoption and foster care, shall promulgate regulations consistent with this act.

Section 7: Prospective application and effective date.

This act applies prospectively beginning on January 1, 2009.

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