GESTATIONAL SURROGACY LAW ARKANSAS
Gestational surrogacy is expressly permitted by statute, pursuant to Arkansas Code § 9-10-201. The Arkansas Code permits surrogacy, 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.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Arkansas, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Arkansas.
Is Gestational Surrogacy Legal in Arkansas?
Yes. Surrogacy is legal in Arkansas and becoming a common way for people to build families.
Is Traditional Surrogacy Legal in Arkansas?
Yes. There are no specific laws that prohibit traditional surrogacy so it is considered legal.
However, very few surrogate attorneys will complete a traditional surrogacy because it is a more complex process with more legal and emotional risks associated with it.
Is Compensated Surrogacy Legal in Arkansas?
Yes. There is no Arkansas surrogacy legislation that limits the amount of base compensation a surrogate can receive; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Creating an Arkansas Surrogacy Contract
There are no state regulations that address the process of creating surrogacy agreements in Arkansas. Intended parents and surrogates must work with separate surrogacy attorneys to ensure both parties rights and interests are protected. These attorneys will negotiate a contract that addresses at least the following:
- The rights and responsibilities of each party
- Any potential risks and liabilities and the steps to take should they occur
- Surrogate compensation and other financial information, like surrogacy insurance
- Agreements on sensitive issues like selective reduction and termination
- And more
Once the contract agreed up and executed, the medical process of surrogacy can begin.
Determining Legal Parentage in Arkansas
Pre-birth parentage orders are 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.
Same-Sex Surrogacy in Arkansas
Q: Is Same-Sex Surrogacy Legal in Arkansas?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Arkansas?
A: No. There are no additional laws impacting same-sex surrogacy in Arkansas; however, Arkansas courts do not grant second-parent adoptions to same-sex couples.
FAQs
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Arkansas?
A: Yes. Surrogacy contracts, both compensated and altruistic, are enforceable in Arkansas.
Q: Are There Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Arkansas?
A: No. There are no additional laws for international intended parents who complete a surrogacy in Arkansas. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
A: For unmarried same-sex or heterosexual couples, only the intended parent who is biologically related to the child will be granted a pre-birth order and the non-biological intended parent must then complete a second-parent adoption outside the state to secure his or her legal parental rights. Arkansas courts do not grant second-parent adoptions to same-sex couples.
Stepparent adoptions are available to married heterosexual couples who are unable to obtain a pre-birth parentage order.
Q: Does Arkansas Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: Yes. Arkansas does allow second-parent adoptions. Second-parent adoptions are usually required when a partner in an unmarried couple does not have a genetic connection to his/her child born via surrogacy.
When intended parents are married but one of the partners is not genetically related to the child, if they cannot obtain a pre-birth order, they can usually complete a stepparent adoption post-birth.
Q: Does Arkansas Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: Arkansas law states that egg donors and sperm donors are not parents to the child born via surrogacy. If intended parents are using a known donor; however, there may be additional legal steps required to secure parental rights.
REPRODUCTIVE LAW PRACTITIONERS
Kay McLeod
Little Rock, AK
k@kmcleodlaw.com
(501) 663-5393
Keith H. Moorison
Fayetteville, AK
kmoorison@thewilsonlawfirm.com
(479) 521-5820
Heather May
Little Rock, AK
hmay@tripconylawfirm.com
(501) 296-9999
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