Surrogacy By State

Understanding Surrogacy Laws in Arkansas

Hopeful surrogates and parents alike often have questions about the rules and regulations of surrogacy in Arkansas. The surrogacy laws in Arkansas can be complex and can vary somewhat from one situation to the next, but with the guidance of an experience surrogacy attorney, you can complete the process smoothly and safely, just like many other surrogates and new families in Arkansas.

If you’re starting the surrogacy process or struggling with specific legal issues with surrogacy, you should always consult a surrogacy attorney. The following information can help you learn more about surrogacy law in AR, but it should not be considered legal advice.

Here are some of the most common questions about Arkansas surrogacy laws, and how those laws may affect your surrogacy journey:

“Is Surrogacy Legal in Arkansas?”

Yes.  Surrogacy is legal in Arkansas and is regulated by a series of state laws. It’s a common family-building method for hopeful parents in Arkansas, as well as a common way for women to give the joy of parenthood to someone else.

You’ll need a surrogacy attorney to help you navigate the surrogate laws in Arkansas that affect your individual situation.

“Is Traditional Surrogacy Legal in Arkansas?”

Yes. There are no specifically published traditional surrogacy laws in Arkansas prohibiting the practice, so it’s regarded as legal. However, traditional surrogates are the biological mothers of the child they carry, so there are increased legal and emotional risks associated with this type of surrogacy. Very few surrogacy professionals will complete traditional surrogacy.

Gestational surrogacy laws in Arkansas are outlined and regulated within the Arkansas surrogacy legislation, and this type of surrogacy is also legal. This is the preferred method of surrogacy for most professionals, intended parents and surrogates because gestational surrogates are not biologically related to the baby they carry for the intended parents.

“Is Compensated Surrogacy Legal in Arkansas?”

Yes. AR surrogacy laws permit base compensation for surrogates. There are no laws on surrogacy in Arkansas that dictate compensation for surrogates — this is something that’s individually discussed in your surrogacy contract.

“Is Same-Sex Surrogacy Legal in Arkansas?”

Yes. Although Arkansas has a history of legal discrimination toward same-sex couples, the U.S. Supreme Court ruled those practices unconstitutional in 2017. It may be helpful to work with a surrogacy attorney who has experience with same-sex intended parents in Arkansas. Your surrogacy agency or program may be able to refer you to an attorney.

Creating an AR Surrogacy Contract

When creating an Arkansas surrogacy legal contract, the intended parent(s), gestational surrogate and her spouse (if she’s married) will all need to participate. The two parties will need separate representation through surrogacy attorneys to prevent any conflict of interests throughout the legal process.

Surrogacy contracts become a roadmap for everyone involved and provide an opportunity to discuss important topics like compensation, expectations from each party, the risks and responsibilities everyone agrees to take on, what would happen in the event of complications and more.

Only once the contract has been finalized in accordance with the surrogacy laws in Arkansas can you proceed to the medical stage.

Determining Legal Parentage in Arkansas

You’ll need your surrogacy attorney to guide you through the laws on surrogacy in Arkansas when establishing the legal parental rights of the intended parents. Every situation is different, and genetic relationships to the baby affect whether pre-birth parentage orders or post-birth legal steps like adoptions are required in your circumstances.

For more information about the Arkansas surrogacy laws that can affect your surrogacy journey, contact a surrogacy professional. Because everyone’s situation is unique, you’ll need an expert opinion to learn how the surrogacy laws in Arkansas will influence your surrogacy process.

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