Arkansas surrogacy laws & gestational process guidelines

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.