Surrogacy in Arkansas

Gestational Surrogacy in Arkansas

Surrogacy is legal in Arkansas and is statutorily permitted in Arkansas (Code § 9-10-201).

Understanding Surrogacy Laws in Arkansas

Legal Parentage

Arkansas allows pre-birth orders for married couples where at least one parent is genetically related to the child. Unmarried intended parents who create embryos with donor material will require a second parent adoption in their home state. Furthermore, pursuant to the statute, vital records shall initially list the gestational carrier on the birth certificate documents and then permanently amend such records to name the intended parents as the true legal parents; even when a pre-birth order has been issued.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Arkansas Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Arkansas Surrogacy Law

Do You Need a Medical Need for Surrogacy in Arkansas?

Although there is no specific law on this, It is best practice to only pursue surrogacy in Arkansas if you have a medical need. This means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Arkansas permits married couples, partners and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Arkansas, married parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Arkansas?

International parents can pursue surrogacy in Arkansas and are subject to the same process as domestic parents. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Arkansas allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Arkansas. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Arkansas?

Generally no. Intended parents do not need to be Arkansas residents to carry out a surrogacy journey in Arkansas. Similarly, gestational carriers are not required to reside in Arkansas, but they must be citizens or permanent residents of the United States.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Arkansas has no written laws relating to the rights of surrogates. Learn more about surrogate rights.