Ark. Code Ann. » Title 9 Chapter 09
Arkansas Code Annotated

Ark. Code Ann. § 9-9-202 (2026)

Definitions

✓ current as of May 2026
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As used in this subchapter, unless the context otherwise requires:

  1. “Child” means a son or daughter, whether by birth or by adoption;
  2. “Court” means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 — 9-27-339, 9-27-340 [repealed], and 9-27-341 — 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption;
  3. “Minor” means an individual under the age of eighteen (18) years;
  4. “Adult” means any individual who is not a minor;
  5. “Agency” means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption;
  6. “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
  7. “Abandonment” means the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment;
  8. “Neglect” means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child:
    1. To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or
    2. To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment;
  9. “Refusal to consent” means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental rights contrary to the best interest of the child;
  10. “Abuse” means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an injury which is at variance with the history given of it.

History. Acts 1977, No. 735, § 2; 1985, No. 879, § 1; A.S.A. 1947, § 56-202; Acts 1993, No. 758, § 2.

Case Notes

Abandonment.

Record supported the circuit court's holding that a natural father's consent to the adoption of his minor child was not required under § 9-9-207 because he had failed significantly, without justifiable cause, to support the child for a period of one year, and therefore had abandoned her. Vick v. Cecil (In re A.M.C.), 368 Ark. 369, 246 S.W.3d 426 (2007).

Abuse.

Trial court did not err in allowing a stepfather to adopt a biological father's daughter without the biological father's consent because it was undisputed that the biological father had pled guilty to three counts of raping a minor, including the rape of his daughter. Gordon v. Draper, 2013 Ark. App. 352, 428 S.W.3d 543 (2013).

Cited: King v. Lybrand, 329 Ark. 163, 946 S.W.2d 946 (1997); In re SCD, 358 Ark. 51, 186 S.W.3d 225 (2004); Scudder v. Ramsey, 2013 Ark. 115, 426 S.W.3d 427 (2013); Ducharme v. Gregory, 2014 Ark. App. 268, 435 S.W.3d 14 (2014).

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1997–2021 · leading case: Vick v. Cecil, 246 S.W.3d 426 (Ark. 2007).
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Vick v. Cecil, 246 S.W.3d 426 (Ark. 2007). · cites it 3× “” Similarly, “Abandonment” is defined in the Act as follows: [T]he failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit…”
In Re the Adoption of SCD, 186 S.W.3d 225 (Ark. 2004). · cites it 3× “This is not a case of a “deadbeat dad” or a parent who has abandoned his children; indeed, at the trial on the adoption petition, IT and the KDs agreed that this was not a case involving abandonment, as that term is defined in Ark. Code Ann. § 9-9-202 (7) (Repl. 2002) 2…”
Scudder v. Ramsey, 426 S.W.3d 427 (Ark. 2013). · cites it 2× “Ark. Code Ann. § 9-9-202 (2) (Repl.2009).”
Matter of Adoption of Lybrand, 946 S.W.2d 946 (Ark. 1997). · cites it 2× “* * * "Abandonment" is defined in Ark.Code Ann. § 9-9-202(7)(Repl.1993) as: .”
Ducharme v. Gregory, 435 S.W.3d 14 (Ark. Ct. App. 2014). · cites it 3× “” Ark.Code Ann. § 9-9-202(10). Unfortunately, in this case, there is more than ample evidence that for at least nine years (from 2003 until 2012) Rhonda was addicted to alcohol, and as a result HD was abused and [ ¿neglected for most of her natural life.”
Gordon v. Draper, 428 S.W.3d 543 (Ark. Ct. App. 2013). · cites it 2× “ArkCode Ann. §§ 9-9-202(10) (Repl.2009) (defining “abuse” to include sexual abuse); 9-9-207(a)(4) (Repl.”
Brittany Kohler v. Randy Gene Croney, 2020 Ark. App. 289 (Ark. Ct. App. 2020). · cites it 2× “Ark. Code Ann. § 9-9-202 (7). Brittany’s first argument on appeal is that the circuit court erroneously shifted the burden of proof to her by requiring her to prove that she faced “insurmountable barriers” that prevented her from contacting or supporting KC.”
In Re Adoption of Amc, 246 S.W.3d 426 (Ark. 2007). “during the period of his incarceration, our law is very clear that failure to pay child support for the requisite time period constitutes abandonment under sections 9-9-202(7) and 9-9-207(a)(2). Certainly a large part of the delinquent support accumulated when Paul was…”
In the Matter of the Adoption of Ap, Dillon Arnold v. Nicklaus Przytarski & Courtney Przytarski, 2021 Ark. App. 440 (Ark. Ct. App. 2021). · cites it 2× “Arkansas Code Annotated section 9-9-202(7) defines “abandonment” as the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to…”
King v. Lybrand, 946 S.W.2d 946 (Ark. 1997). · cites it 2× ““Abandonment” is defined in Ark. Code Ann. § 9-9-202 (7) (Repl. 1993) as: .”
Navarrete v. Creech, 2016 Ark. App. 414 (Ark. Ct. App. 2016). · cites it 2× “Navarrete contends that because the word “mother,” as found in Arkansas Code Annotated section 9-9-206(a)(l), is not specifically defined in Arkansas Code Annotated section 9-9-202 as being limited to a biological mother, our court’s strict construction of adoption statutes has…”
— Ark. Code Ann. § 9-9-202(10) — 2 cases
Gordon v. Draper, 428 S.W.3d 543 (Ark. Ct. App. 2013). “ArkCode Ann. §§ 9-9-202(10) (Repl.2009) (defining “abuse” to include sexual abuse); 9-9-207(a)(4) (Repl.”
Ducharme v. Gregory, 435 S.W.3d 14 (Ark. Ct. App. 2014). “” Ark.Code Ann. § 9-9-202(10). Unfortunately, in this case, there is more than ample evidence that for at least nine years (from 2003 until 2012) Rhonda was addicted to alcohol, and as a result HD was abused and [ ¿neglected for most of her natural life.”
— Ark. Code Ann. § 9-9-202(7) — 6 cases
Matter of Adoption of Lybrand, 946 S.W.2d 946 (Ark. 1997). “* * * "Abandonment" is defined in Ark.Code Ann. § 9-9-202(7)(Repl.1993) as: .”
Vick v. Cecil, 246 S.W.3d 426 (Ark. 2007). “” Similarly, “Abandonment” is defined in the Act as follows: [T]he failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit…”
In Re Adoption of Amc, 246 S.W.3d 426 (Ark. 2007). “during the period of his incarceration, our law is very clear that failure to pay child support for the requisite time period constitutes abandonment under sections 9-9-202(7) and 9-9-207(a)(2). Certainly a large part of the delinquent support accumulated when Paul was…”
In Re the Adoption of SCD, 186 S.W.3d 225 (Ark. 2004). “This is not a case of a “deadbeat dad” or a parent who has abandoned his children; indeed, at the trial on the adoption petition, IT and the KDs agreed that this was not a case involving abandonment, as that term is defined in Ark. Code Ann. § 9-9-202 (7) (Repl. 2002) 2…”
Ducharme v. Gregory, 435 S.W.3d 14 (Ark. Ct. App. 2014). “” Ark.Code Ann. § 9-9-202(10). Unfortunately, in this case, there is more than ample evidence that for at least nine years (from 2003 until 2012) Rhonda was addicted to alcohol, and as a result HD was abused and [ ¿neglected for most of her natural life.”
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