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Arkansas Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Arkansas surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Arkansas surrogacy law.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Arkansas surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Yes, surrogacy is a legal and accepted practice in Arkansas.

    • Does the state have surrogacy laws and/or case law?

      The Arkansas Code permits surrogacy and sets forth the state’s parentage presumptions, establishing that the surrogate is not presumed to be the legal parent of a child born via surrogacy. Gestational surrogacy is further supported by Arkansas case law.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Arkansas courts tend to be highly favorable toward surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, commercial surrogacy is legal in Arkansas and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Yes, no statute prohibits or permits it.

    • Is gestational surrogacy allowed?

      Yes, it is permitted under the Arkansas Code.

    • What are the requirements for an enforceable surrogacy contract?

      Since Arkansas does not have a statutory rule on this, the elements for an enforceable surrogacy contract vary on a case-by-case basis. Generally, the parties should articulate their intentions, desires, roles, and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      The surrogate should meet specific requirements, and the intended parents and the surrogate (and her spouse, if applicable) should have independent legal counsel.

    • Can both intended parents be declared the legal parents?

      Yes, if at least one intended parent is genetically related to the child and the intended parents are either married or a single individual, regardless of sexual orientation. Maybe, if the intended parents are married or a single parent and neither intended parent is genetically related to the child.

    • Are pre-birth and post-birth orders permitted?

      Yes, both are permitted. Pre-birth parentage orders are typically issued to married couples or single intended parents when at least one is genetically related to the child. For unmarried couples, only the intended parent who is biologically related to the child will be granted a pre-birth order. The non-biological intended parent must then complete a second-parent adoption outside the state to secure legal parental rights.

    • Will the state honor a pre-birth order issued by another state?


    • What do intended parents need to know about getting the baby’s birth certificate?

      The timeframe for delivery of a birth certificate after delivery is seven days. Same sex intended parents will be listed as Parent and Parent.

      An international gay couple can obtain an initial birth certificate that names the biological father only, so long as the couple is married. They can obtain an initial birth certificate that names the biological father and gestational carrier. Then, they can subsequently obtain a birth certificate that names only the biological father or both fathers, with no mention of the gestational carrier, if the couple is married.

    • Are post-birth adoptions permitted?


    • Are second-parent adoptions permitted?

      Second-parent adoptions may be available, on a case by case basis, to unmarried heterosexual couples. Arkansas courts do not grant second-parent adoptions to same-sex couples.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are available to married heterosexual couples who are unable to obtain a pre-birth parentage order.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.