Opinion

Matter of Adoption of Parsons

  • 302 Ark. 427
  • 791 S.W.2d 681
  • 1990 Ark. LEXIS 391
Court
Supreme Court of Arkansas
Filed
Jul 16, 1990
Status
Published
Author
Holt
On the bench
Holt, Price, Hays, Dudley
Cited by
13 cases

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING JULY 16, 1990

Jack Holt, Jr., Chief Justice. The petition for rehearing is denied. In doing so, we note that the wording in Ark. Code Ann. §§ 9-9-214 (c) and -214(d) (1987) is plain and unequivocal and provides, in pertinent part, as follows:

(c) If. . . the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the individual to be adopted, it may (1) issue a final decree of adoption ....

(d) If the requirements for a decree under subsection (c) have not been met, the court shall dismiss the petition and determine the person to have custody of the minor, including the petitioners if in the best interest of the minor. . . . (Emphasis added.)

As we pointed out in our majority opinion, adoptions were unknown to the common law, and they are governed entirely by statute. In this instance, the law provides that the court shall dismiss the petition and determine the person to have custody of the minor, including the petitioners if in the best interest of the minor.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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