Yes. Surrogacy is legal in Arkansas and becoming a common way for people to build families.
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.
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:
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:
Once the contract agreed up and executed, the medical process of surrogacy can begin.
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.
Below is a list of some of the most frequently asked questions about surrogacy in Arkansas:
Yes. Surrogacy contracts, both compensated and altruistic, are enforceable in Arkansas.
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.
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.
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.
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.
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.
Kay McLeod
Little Rock, AR
k@kmcleodlaw.com
(501) 663-5393
Keith H. Moorison
Fayetteville, AR
kmoorison@thewilsonlawfirm.com
thewilsonlawfirm.com
(479) 521-5820
Heather May
Little Rock, AR
hmay@tripconylawfirm.com
tripconylawfirm.com
(501) 296-9999
