Banning Cohabiting/Unmarried Couples from Fostering and Adopting is Unconstitutional

Vol 30 No 3

Arkansas Dep’t of Human Servs. v. Cole, 2011 WL 1319217 (Ark.).


The Supreme Court of Arkansas upheld a lower court ruling that Arkansas’ Act 1 is unconstitutional. The court found that by banning people who cohabit with sexual partners from fostering or adopting a child, Act 1 penalizes these couples and infringes on their right to privacy. Further, it denies these couples the same consideration as married couples when determining suitable placements and best interests of children.

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