Arkansas Surrogacy Laws

Gestational surrogacy is permitted in Arkansas under statutory law (Ark. Code § 9-10-201.). The statute provides for the presumed parentage of a child born by means of artificial insemination. No statute or case law prohibits the practice of traditional surrogacy in Arkansas.

Both traditional and gestational surrogacy are practiced in Arkansas throughout cities like Little Rock, Fort Smith, and Fayetteville.

Laws Concerning Parentage Orders in Arkansas

Arkansas allows for its courts to grant pre-birth parentage orders but only under certain circumstances. Courts will grant parentage orders to married couples or single parents who used their own sperm or egg in order to conceive.  

For unmarried Arkansas couples wishing to obtain a pre-birth parentage order, courts will only grant the order to the biological parent, which requires the non-biological parent to do a second-parent adoption outside of Arkansas.

Egg and Sperm Donor Law in Arkansas

In Arkansas, there is no statute governing the rights or obligations of sperm and egg donors. However, case law in Arkansas has clarified that egg donors and sperm donors are not the parents of a child conceived as a result of a donor’s donation.  

Under Arkansas statute, the artificial insemination of a woman is to be performed only by a physician licensed under the Arkansas Medical Practices Act (Ark. Code § 9-10-202.).

Arkansas Stepparent and Second-Parent Adoption Law

Arkansas courts will only grant stepparent adoptions to married, opposite-sex couples or an unmarried biological parent of the child (Ark. Code §9-9-204.). Arkansas Code §9-9-104 governs the process of adoption.

While Arkansas does not currently grant adoptions to same-sex couples, the actual application of this statute may be held unconstitutional for its failure to provide the same benefits to same-sex couples as to Arkansas’ opposite-sex couples (Pavan v. Smith, 582 U.S. ____ (2017)).

Fertility Clinics in Arkansas

Meet with Baby Steps Surrogacy Center, Inc.

Arkansas surrogacy laws present countless challenges for intended parents every year. Baby Steps Surrogacy Center, Inc. is here to clear your path as you try to move forward. For help from our surrogacy professionals, give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.