Arkansas has no statutes or case law that restrict surrogacy. The only statutes that refer to surrogacy are AR Code 9-10-201, which grants parentage to Intended Parent(s). A substitute birth certificate may be necessary to amend the birth mother section, which lists the gestational carrier as the mother by law.
Can a parentage order be obtained for the following?
Although traditional surrogacy isn’t prohibited in Arkansas, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Unmarried Intended Parent(s) with only one genetic connection to their child can receive a parentage order for the genetic parent. The non-genetic parent then establishes their parental rights with an out-of-state second parent adoption.
According to Arkansas case law, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Although no statutes directly address the matter, surrogacy contracts in Arkansas are recognized and enforced by the state.
Independent counsel is strongly recommended, but not required, for all parties involved in a surrogacy agreement.
Arkansas has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.
Because of the lack of legal restrictions and lower cost, international Intended Parent(s) may find doing surrogacy in Arkansas a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019