Unlawful solicitation for the relinquishment of parental rights

1. Law
2. Arkansas Code
3. Criminal Offenses
4. Offenses Involving Families, Dependents, Etc.
5. Offenses Involving the Family
6. Offenses Generally
7. Unlawful solicitation for the relinquishment of parental rights

1. (a)

   1. (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the first degree if in exchange for consenting to the person's or another person's placing a baby who is not yet born for adoption the person offers anything of value prohibited or not permitted under § 9-9-206 to the:

      1. (A) Biological mother of the baby who is not yet born;

      2. (B) Biological or putative father of the baby who is not yet born;

      3. (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or

      4. (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.

   2. (2) Unlawful solicitation for the relinquishment of parental rights in the first degree is a:

      1. (A) Class A felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (a)(1)(A)-(D) of this section to allow the person or another person to place the baby who is not yet born for adoption; or

      2. (B) Class C felony if otherwise committed.

2. (b)

   1. (1) A person commits the offense of unlawful solicitation for the relinquishment of parental rights in the second degree if in exchange for consenting to the person's adopting a baby who is not yet born the person offers anything of value prohibited or not permitted under § 9-9-206 to the:

      1. (A) Biological mother of the baby who is not yet born;

      2. (B) Biological or putative father of the baby who is not yet born;

      3. (C) Spouse, partner, or other relative of the biological mother of the baby who is not yet born; or

      4. (D) Spouse, partner, or other relative of the biological or putative father of the baby who is not yet born.

   2. (2) Unlawful solicitation for the relinquishment of parental rights in the second degree is a:

      1. (A) Class D felony if the person uses duress, coercion, undue influence, intimidation, a threat, fraud, or physical force to influence an individual listed in subdivisions (b)(1)(A)-(D) of this section to consent to the person's or another person's adopting the baby who is not yet born; or

      2. (B) Class A misdemeanor if otherwise committed.

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