STATE SURROGACY LAW:

Arkansas Surrogacy Laws

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Overview

Arkansas is one of the most surrogacy-friendly states in the country. Ark. Code Ann. § 9-10-201 expressly permits surrogacy. Both gestational and traditional (genetic) surrogacy are allowed. Parentage Orders may be obtained regardless of genetics and gender, for a single Intended Parent, or two Intended Parents so long as they are married.

By statute, the initial birth certificate will list the surrogate, but a substituted birth certificate is immediately issued removing the surrogate’s name and listing the proper Intended Parent(s).

Types of Surrogacy Available in Arkansas

Can a parentage order be obtained for the following?

Gestational surrogacy:

YES

Altruistic surrogacy:

YES

Traditional surrogacy:

YES, although traditional surrogacy is permitted 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.

Parentage

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.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother. If unmarried, only the biological parent can be listed on the birth certificate. An out-of-state adoption is required to have the non-biological parent on the birth certificate.

Under all circumstances, the initial birth certificate will bear the name of the carrier, but this copy will be sealed, and a substitute birth certificate will be issued by the Department of Vital Statistics removing the carrier’s name and listing the name(s) of the proper Intended Parent(s).

Rights of Egg or Sperm Donor(s)

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.

Surrogacy Steps in Arkansas

Surrogacy Process in Arkansas

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Proceedings begin after the first trimester

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

7-10 business days or sooner

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.

Court Processes

Surrogacy Contracts

Arkansas is one of the most surrogacy-friendly states in the country. Ark. Code Ann. § 9-10-201 expressly permits surrogacy. Both gestational and traditional (genetic) surrogacy are allowed.

Independent Counsel

Independent counsel is strongly recommended, but not required, for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

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.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

Bases of Venue

What are the bases of venue?

NO VENUE REQUIREMENT

Do rulings vary by venue?

Can you file a motion to waive venue?

UNCERTAIN

International Issues

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.

Residency Requirements

Does Arkansas have any residency requirements for out-of-state or International Intended Parents?

Birth Certificates

Can an international same-sex male couple receive 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

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES, with a pre-birth order for the genetic parent and an adoption for the non-genetic parent.

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Chelsea Caldwell
Midwest Fertility Law Group, PLC
740 Southwest Drive
Jonesboro, Arkansas 72401
(870) 280-2648
chelsea@mwflg.com

Assisted with 2023 Updates

Heather May
Tripcony May
415 N. McKinley St, Suite 180
Little Rock, AR 72205
(501) 296-9999
hmay@tripconylawfirm.com
www.tripconylawfirm.com

Legal Disclaimer

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 May 2023