Arkansas

Accepts / Does NOT Accept CA Judgment

Accepts

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

Arkansas Code§ 9-10-201 states in pertinent part:

(b) A child born by means of artificial insemination to a woman who is married at the time of the birth of the child shall be presumed to be the child of the woman giving birth and the woman’s husband, except in the case of a surrogate mother, in which event the child shall be that of the biological father and the woman intended to be the mother, if the biological father is married; or the biological father only if unmarried; or, in cases of a surrogate mother when an anonymous donor’s sperm was utilized for artificial insemination, the child shall be that of the woman intended to be the mother.

(c)(1) A child born by means of artificial insemination to a woman who is unmarried at the time of the birth of the child shall be, for all legal purposes, the child of the woman giving birth, except in the case of a surrogate mother, in which event the child shall be that of the biological father and the woman intended to be the mother, if the biological father is married, or the biological father only if unmarried; or, in cases of a surrogate mother when an anonymous donor’s sperm was utilized for artificial insemination, the child shall be that of the woman intended to be the mother. (2) For birth registration purposes, in cases of surrogate mothers, the woman giving birth shall be presumed to be the natural mother and shall be listed as such on the certificate of birth, but a substituted certificate of birth may be issued upon orders of a court of competent jurisdiction.

The case Smith v. Pavan, 2016 Ark. 437 (8 Dec. 2016) later clarified that same-sex spouses could be listed together on a child’s birth certificate in Arkansas.

Vital Records Information

Contact: VR Amendment Supervisor: Rancharese “Ranch” Walker 501-661-2345

Information for Judgment:

• Add statement about the marriage of the IP- when/where? (in 2019, VR stated to Melody that marital status does not matter- verify before proceeding with any such case as this is not compatible with other sources of information and AR statutory law)

VR will use the form “Report of Adoption” in Surrogacy cases – L:\The Surrogacy Law Center\PBOs\PBO By State\Arkansas

Birth Certificates:

• We can send the “Report of Adoption” form with checks and original certified court order to VR to request birth certificates after the baby is born
• Birth certificate cost: $15 filing fee + $12 first copy = $27 (additional copy of the birth certificate is $10)
• It takes 24-48 hours for VR to process the birth certificate after the hospital enters the birth record (5-10 days)
• Can mail the birth certificate request check to Ranch Walker with return mailing labels, and she will help to process the birth certificate:
  Attn: Rancharese “Ranch” Walker
  Vital Records-Amendments Supervisor
  4815 W Markham St
  Little Rock, AR 72205

Of Counsel

Chelsea Caldwell
(901) 602.6850
chelsea@caldwellatty.com