Gestational Surrogacy in Arkansas

Arkansas Surrogacy Laws

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).

 

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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, 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.
  • Unmarried heterosexual 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.
  • Married same-sex couple: Yes
  • Unmarried same-sex couple: 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 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?  Theoretically

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 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

Second Parent & Stepparent Adoptions for Arkansas Residents

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

Egg & 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 under Arkansas Code § 9-10-201, which refers to surrogacy resulting from Artificial Insemination.

State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

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