Arkansas Surrogacy Laws
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?
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
Birth Certificate Timeline
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
Bases of Venue
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
Birth Certificates
Passport Timeline
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