Arkansas Surrogacy Laws & Policies

Category

Moderate

Surrogacy Permitted via Case Law

Although there is no statute explicitly authorizing surrogacy, courts permit it based on interpretation of existing law (Arkansas Code § 9-10-201 related to artificial insemination). Since 2017, Arkansas Vital Records will list both parents on a birth certificate (regardless of gender), as long as the couple is married.

Pre-Birth Parentage Orders

Yes, courts grant pre-birth parentage orders.

• If at least one intended parent is genetically related, both intended parents can typically be declared legal parents in many scenarios.
• For unmarried couples or same-sex couples where one is not biologically related, only the biological parent may be able to get the pre-birth order. The other parent would need a second-parent adoption in another state later.
• Even if no parent is genetically related, married couples can sometimes still be named in a pre-birth order; but for unmarried couples, this is usually not allowed.

Venue/Jurisdiction

Arkansas statute does not prescribe specific venue requirements—it’s up to the judge’s discretion. No significant variation in outcomes by venue is known. A pre-birth order may be possible even if no party lives in Arkansas so long as the gestational carrier is to give birth there. Arkansas may honor a pre-birth order from another state.

Same-Sex Couples

The final birth certificate format is “Parent and Parent.” International same-sex male couples may initially receive a birth certificate naming the biological father and gestational carrier. Over time (especially if married), Arkansas allows issuance of a birth certificate naming only the biological father(s) without listing the surrogate.

Birth Certificate Timing

Usually within 7 days

Adoption Options

Heterosexual married couples eligible for second-parent or stepparent adoption. Same-sex couples are generally not eligible for second-parent or stepparent adoption under Arkansas law.