Arkansas Code Annotated
Ark. Code Ann. § 9-10-120 (2026)
Effect of acknowledgment of paternity
✓ current as of May 2026
- A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority.
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- Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115, and shall be recognized by the circuit courts and juvenile divisions thereof as creating a parent and child relationship between father and child.
- Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity.
- The Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
- Upon submission of the acknowledgment of paternity to the Division of Vital Records, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity.
- The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to the office.
History. Acts 1995, No. 1091, § 1; 1997, No. 1296, § 9.
Research References
Ark. L. Rev.
Lacey Johnson, Comment: Low-Income Fathers, Adoption, and the Biology Plus Test for Paternal Rights, 70 Ark. L. Rev. 1113 (2018).
Case Notes
Effect of Amendments.
If Acts 1995, No. 1091 were applied to any type of “acknowledgment of paternity” signed before the act's effective date, a new obligation would be created and the person signing the form, by operation of law, would become the father conclusively, when before Acts 1995, No. 1091 was passed, such evidence could only be used as persuasive, presumptive evidence of paternity. Bean v. Office of Child Support Enforcement, 340 Ark. 286, 9 S.W.3d 520 (2000).
Time of Execution.
Although §§ 20-18-408 and 20-18-409 were not in effect in 1990 when the “Affidavit of Birth Out of Wedlock” was signed, this section also allows a “similar acknowledgment” to suffice if it is executed during the child's minority. Bean v. Office of Child Support Enforcement, 340 Ark. 286, 9 S.W.3d 520 (2000).
Cited: Fox v. Ark. Dep't of Human Servs., 2020 Ark. App. 13, 592 S.W.3d 260 (2020).
Notes of Decisions
Cited in 37
cases (13 in the last 5 years), 1996–2026 · leading case: Bean v. Off. of Child Support Enf't, 9 S.W.3d 520 (Ark. 2000).
Bean v. Off. of Child Support Enf't, 9 S.W.3d 520 (Ark. 2000). “Bean argued that he was entitled to judgment as a matter of law pursuant to Ark. Code Ann. § 9-10-120 (1995). CSEU answered, and the court held a hearing on this motion on January 28, 1997.”
Martin v. Pierce, 257 S.W.3d 82 (Ark. 2007). “Section 9-10-115, however, is part of the Paternity Code and was intended to apply only to judicial findings of paternity or to acknowledgments of paternity by both parents under Ark.Code Ann. § 9-10-120 (Supp.1995). There is nothing in § 9-10-115 to even suggest that its…”
Lagios v. Goldman, 2016 Ark. 59 (Ark. 2016). “59 (G) He has acknowledged paternity under § 9-10-120(a). Ark. Code Ann. § 9-9-206 (a)(2).”
Tovias v. Ark. Dep't of Human Servs., 575 S.W.3d 621 (Ark. Ct. App. 2019). “"Parent" is defined by Arkansas Code Annotated section 9-27-303(40) as a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth, who has signed an acknowledgment of paternity pursuant to section 9-10-120, or…”
Kristi Priesmeyer (Now Ramos) v. Daniel Huggins, Jr., 2021 Ark. App. 410 (Ark. Ct. App. 2021). “Ark. Code Ann. § 9-10-120 (a) & (b). We are unable to reach the merits of Daniel’s arguments because he has failed to file a notice of cross-appeal.”
Earls v. Arkansas Dep't of Human Servs., 2017 Ark. 171 (Ark. 2017). “§ 9-27-303 (40) defines “parent” as a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has signed an acknowledgment of paternity pursuant to § 9-10-120 or who has been found by a court of…”
Lagios v. Goldman, 2015 Ark. App. 329 (Ark. Ct. App. 2015). “ranting him legal custody of the minor at the time the petition for adoption is filed; (E) A court has adjudicated him to be the legal father prior to the time the petition for adoption is filed; (F) He proves a significant custodial, personal, or financial relationship existed…”
State, Off. of Child Support Enf't v. Williams, 995 S.W.2d 338 (Ark. 1999). “Section 9-10-115, however, is part of the Paternity Code and was intended to apply only to judicial findings of paternity or to acknowledgments of paternity by both parents under Ark. Code Ann. § 9-10-120 (Supp. 1995). There is nothing in § 9-10-115 to even suggest that its…”
Daily v. Stanley, 573 S.W.3d 7 (Ark. Ct. App. 2019). “nts argue that (1) Stanley did not meet any of the requirements of Arkansas Code Annotated section 9-9-206 1 so that his consent was not required; (2) Stanley did not meet his burden under the requirements of Arkansas Code Annotated section 9-9-207, 2 even if registering with…”
Littles v. Flemings, 970 S.W.2d 259 (Ark. 1998). “It provided: (1) Upon request for modification of a judicial finding of paternity or a support order issued pursuant to § 9-10-120, if the court determines that the original finding of paternity or support order did not include results of scientific paternity testing, consent of…”
Howerton v. Arkansas Dep't of Human Servs., 2016 Ark. App. 560 (Ark. Ct. App. 2016). “14 According to Arkansas Code Annotated section 9-27-303, parent means “a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has signed an acknowledgment of paternity pursuant to § 9-10-120 or who…”
T.R. v. L.h., P.m., & S.M., 2015 Ark. App. 483 (Ark. Ct. App. 2015). “ranting him legal custody of the minor at the time the petition for adoption is filed; (E) A court has adjudicated him to be the legal father prior to the time the petition for adoption is filed; (F) He proves a significant custodial, personal, or financial relationship existed…”
Ark. Code Ann. § 9-10-120(a): 10 cases
Lagios v. Goldman, 2016 Ark. 59 (Ark. 2016). “59 (G) He has acknowledged paternity under § 9-10-120(a). Ark. Code Ann. § 9-9-206 (a)(2).”
Lagios v. Goldman, 2015 Ark. App. 329 (Ark. Ct. App. 2015). “ranting him legal custody of the minor at the time the petition for adoption is filed; (E) A court has adjudicated him to be the legal father prior to the time the petition for adoption is filed; (F) He proves a significant custodial, personal, or financial relationship existed…”
Daily v. Stanley, 573 S.W.3d 7 (Ark. Ct. App. 2019). “nts argue that (1) Stanley did not meet any of the requirements of Arkansas Code Annotated section 9-9-206 1 so that his consent was not required; (2) Stanley did not meet his burden under the requirements of Arkansas Code Annotated section 9-9-207, 2 even if registering with…”
T.R. v. L.h., P.m., & S.M., 2015 Ark. App. 483 (Ark. Ct. App. 2015). “ranting him legal custody of the minor at the time the petition for adoption is filed; (E) A court has adjudicated him to be the legal father prior to the time the petition for adoption is filed; (F) He proves a significant custodial, personal, or financial relationship existed…”
Chatley v. Key (In re Z.K.), 565 S.W.3d 524 (Ark. Ct. App. 2018).
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