Surrogacy is permitted in Arkansas by case law interpretation of Arkansas Code § 9-10-201 which refers to Artificial Insemination. Since 2017, Arkansas Vital Statistics names both parents on the birth certificate — regardless of gender — so long as the couple is married. Pavan v. Smith, 137 S. Ct. 2075 (2017).
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?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
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? Theoretically
What is the typical time frame to obtain a birth certificate after delivery? 7 days
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 an international same-sex male couple obtain an initial birth certificate naming only the biological father? Yes, so long as the couple is married.
Can an international same-sex male couple obtain a birth certificate naming only the biological father with no mention of the Gestational Carrier? Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming both fathers? Yes, so long as the couple is married.
Will Arkansas Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
Note: This situation typically arises if the child is born outside 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
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 is permitted in Arkansas under Arkansas Code § 9-10-201, which refers to surrogacy resulting from Artificial Insemination.
Heather May
Little Rock, AR
hmay@tripconylawfirm.com
www.tripconylawfirm.com
(501) 296-9999
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