1. (a)

   1. (1) Some adults who were adopted as children and some birth parents who voluntarily or involuntarily relinquished a child for adoption, as well as relatives within the second degree to the adoptee, may wish to be identified to each other.
   2. (2) There are other adult adoptees, birth parent or parents, and/or relatives to the second degree of the adoptee who may be unwilling to be identified.
   3. (3) Further, some adult adoptees, birth parent or parents of the adoptee, adoptive parent or parents or, in the event of an adoptive parents’ death, guardians of the adoptee, may wish to obtain nonidentifying information pertaining to the birth family.

2. (b)

   1. (1) In order to protect the privacy of those who choose not to be identified and to attempt to meet the needs of those who wish to be identified, as allowed by state and federal law, the Adoption Services Unit administers the Mutual Consent Voluntary Adoption Registry in accordance with Acts 1985, No. 957 and Acts 1987, No. 1060.
   2. (2) The Division of Children and Family Services will keep records of every adult adoptee and birth parent reunited through the use of the Mutual Consent Voluntary Adoption Registry.

3. (c) Arkansas Code § 9-9-505 requires compilations of nonidentifying histories of adoptions be available upon request throughout the time the agency is required to maintain records to the following persons only:

   1. (1) Adoptive parents of the child or, in the event of death of the adoptive parents, the child’s guardian;
   2. (2) Adoptee;
   3. (3) In the event of the death of the adoptee, the adoptee’s children, the adoptee’s widow or widower, or the guardian of any child of the adoptee;
   4. (4) The birth parent of the adoptee; or
   5. (5) Any child welfare agency having custody of the adoptee.
4. (d) Any additional nonidentifying information which may have been added regarding health, genetic, or social history (excluding information identifying any birth parent, member of a birth parent’s family, or any other adoptees for the adoptive parent) will be made available only to the persons listed above.

5. (e)

   1. (1) Any affidavits filed for placements on the registry and any other information collected shall be retained for ninety-nine (99) years following the date of registration.
   2. (2) Any qualified person may choose to remove his or her name from the registry at any time by filing a notarized affidavit with the registry.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2021"