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GESTATIONAL SURROGACY IN ARKANSAS

Gestational Surrogacy is permitted in Arkansas by Arkansas Code§ 9-10-201.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Yes


Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
 

  • Married heterosexual couple using own egg and sperm: Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: No
  • Unmarried heterosexual couple using an egg donor or sperm donor: No
  • Married same-sex couple using an egg donor or sperm donor: Yes
  • Unmarried same-sex couple using an egg donor or sperm donor: No, only the biological parent can obtain a pre-birth order, requiring a two-step process. The non-biological parent must then do a second parent adoption outside of Arkansas.
  • Single parent using an own egg or sperm: Yes


Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: No
  • Married same-sex couple: Yes
  • Unmarried same-sex couple: No
  • Single parent: Yes


What are the bases for venue? There are no venue requirements in the statute, it is up to the judge's discretion.

Do results vary by venue? No

Is a hearing required to obtain a pre-birth order?
  Not generally

Is a pre-birth order possible in Arkansas based on a Gestational Carrier’s plan to deliver in Arkansas, if no party lives in Arkansas?  Yes


Will Arkansas Vital Records honor a pre-birth order from another state?  Usually

What is the typical time frame to obtain a birth certificate after delivery?  7 days

Same-Sex Couples

How are same-sex parents named on the final birth certificate?  Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  
Yes

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?  
Yes

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Arkansas (i.e., neither of the Intended Parents lives in Arkansas)?  
No

If no, will Arkansas Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?  
Yes

SECOND PARENT ADOPTIONS FOR  ARKANSAS RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Arkansas to obtain a second parent adoption or stepparent adoption in Arkansas.

Will courts in Arkansas grant second parent or stepparent adoptions to heterosexual couples living in Arkansas?  Yes
Does the couple need to be married?
 Yes


Will courts in Arkansas grant second parent or stepparent adoptions to same-sex couples living in Arkansas?  No

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, there is case law that clarifies that egg donors and sperm donors are not parents.

TRADITIONAL SURROGACY IN ARKANSAS

Traditional Surrogacy is permitted in Arkansas because no statute or published case law prohibits it.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Heather May
Little Rock, AR
hmay@tripconylawfirm.com
www.tripconylawfirm.com
(501) 296-9999

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