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 COUPLE
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 & STEPPARENT ADOPTIONS FOR ARKANSAS RESIDENTS
Note: This situation typically arises if the child is born outside of the state. The parents then return to Arizona 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 ARIZONA
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:
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