Gestational Surrogacy Regulations in Arkansas

Overview

Gestational Surrogacy is expressly permitted by Arkansas Code §9-10-201. Arkansas Vital
Statistics names both parents on the birth certificate – regardless of gender- so long as the
couple is married (Pavan v. Smtih, 137 S. Ct. 2075).

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No'
Independent legal counsel:
Yes
*as long as the IPs or GC are residents of Arkansas there is a basis for venue in Arkansas. There may also be venue in Arkansas if the Gestational Carrier is planning on delivering the child in Arkansas* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Arkansas:
Yes
Birth outside of Arkansas:
Yes

Pre-Birth Orders are generally issued to married couples or single Intended Parents when at
least one shares a genetic relationship to the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Usually no, varies by jurisdiction
Post-Birth Orders:
Yes

General Information

Will Arkansas Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
1 week
How are same-sex parents named on the final birth certificate:
Parent and Paren
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes* (couple must be married)
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Arkansas Residents:

*This situation arises if the child is born outside of Arkansas. The parents then return to Arkansas to obtain a second parent adoption or stepparent adoption in Arkansas. Second-Parent adoptions must be completed outside the state. Stepparent adoptions are available to married heterosexual couples who are unable to obtain a pre-birth order*

Traditional Surrogacy in Arkansas?

*Traditional Surrogacy in Arizona is permitted under Arkansas Code §9-10-201, which refers to surrogacy resulting from Artificial Insemination. Although it may be allowed in Arkansas, it is not the general accepted practice*
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