Surrogacy is legal for gay couples in Arkansas. If you’re living here and wondering about your family-building options, the law does support your family-building journey.

The state doesn’t impose the heavy regulations that make surrogacy complicated. Since the 2017 Pavan v. Smith Supreme Court ruling, Arkansas law has become genuinely supportive for LGBT couples building families through gestational surrogacy. The state enforces surrogacy contracts for LGBT couples just like any other intended parents.

This guide covers what you need to know about LGBT surrogacy laws in Arkansas. You’ll learn about securing parentage rights, navigating birth certificates and finding the right legal support. Contact a surrogacy professional today to explore your specific situation.

Securing Parentage: Do Arkansas Courts Issue Pre-Birth Orders for LGBT Couples?

Arkansas courts will issue pre-birth orders for LGBT couples, but you need to meet specific requirements. The most important Arkansas LGBT surrogacy law is that at least one partner must be genetically connected to your baby. Without that genetic link, you cannot get a pre-birth order as a same-sex couple. This requirement applies equally to all couples regardless of sexual orientation.

Being married also makes the process much smoother. When you’re married and one partner is genetically related, courts can include both spouses on the pre-birth order, giving you both immediate parental rights when your baby is born. If you’re not married, only the genetically connected partner gets the pre-birth order.

Will Your Partner Get Parental Rights Without a Genetic Connection?

When you’re married, Arkansas courts regularly include non-genetic partners on pre-birth orders. The state treats your marriage as proof of your shared commitment to parenthood. Under gay surrogacy laws in Arkansas, this ensures your family structure is respected and protected.

When two dads use surrogacy in Arkansas and work with a donor egg, the genetically-related father can obtain a pre-birth order that includes his husband as a legal parent from birth. Similar protection applies for moms using one partner’s egg with donor sperm. The genetically-related partner can secure a pre-birth order that recognizes her wife as a legal parent.

What Changes if You’re Not Married?

Parentage gets more complicated when you’re not married. Only the biologically connected partner will be granted a pre-birth order, leaving the other to complete second-parent adoption afterward. And getting married after your baby arrives won’t automatically grant parental rights to your non-genetic partner.

Arkansas courts do grant second-parent adoptions to LGBT couples, whether married or unmarried, though the process can take several months. Some couples choose to marry before starting their surrogacy journey because it allows both partners to be included on the pre-birth order.

Can Single LGBT Parents Secure Parentage Rights in Arkansas?

Your path as a single LGBT parent depends on whether you’re using your own genetic material. If you’re genetically connected to your baby, you can obtain a pre-birth order in Arkansas.

But what if you’re using both donor eggs and donor sperm? Without a genetic connection to your baby, Arkansas courts cannot grant you a pre-birth order. In this situation, you would need to pursue adoption after your baby is born to establish legal parentage. While this adds time and complexity to your journey, it remains a viable path to parenthood for single LGBT individuals who cannot or choose not to use their own genetic material.

Keep in mind that using a known donor — such as a friend or family member — adds some complexity. Arkansas law makes it clear that egg donors and sperm donors aren’t considered parents to children born via surrogacy. However, when you know your donor personally, you’ll need comprehensive legal agreements to ensure proper relinquishment of parental rights.

How Will Your Name Appear on the Birth Certificate?

Are you wondering how birth certificates work for gay couples using surrogacy? Following the 2017 Supreme Court ruling, LGBT couples in Arkansas can have both names listed on their child’s birth certificate.

Unfortunately, the state still uses gendered labels like “Mother” and “Father.” Arkansas has not formally adopted the use of “Parent and Parent.” Your attorney will guide you on how your names will be entered and ensure the pre-birth order provides the legal recognition your family needs.

How Fast Can You Get Your Birth Certificate?

Most families receive their birth certificates within 10 to 14 business days of delivery, though this timeline varies based on whether your pre-birth order is in place, your hospital’s processing procedures and any paperwork complications that might arise. Walk-in service at the Arkansas Department of Health may provide same-day certificates for routine requests, but surrogacy cases involving court orders are classified as non-routine and may take longer.

Is Second Parent Adoption Required After Arkansas Surrogacy?

This depends entirely on your marital status and whether you successfully obtained a pre-birth order. Married couples who receive pre-birth orders typically don’t need second parent adoption — you’re both parents from the moment your child is born.

As a gay parent, you may need to adopt your own child if:

• You’re an unmarried LGBT couple (only the biological parent gets the pre-birth order).
• You’re a married couple but didn’t obtain a pre-birth order.
• There were complications with your initial parentage proceedings.

Arkansas courts permit second-parent adoptions for LGBT couples, whether married or unmarried, following the 2011 Cole decision. The process typically takes three to six months and may involve a home study (sometimes waived), a court hearing and issuance of a final adoption decree.

Even if a second-parent adoption isn’t necessary, you may want to complete one. Adoption provides an extra layer of protection, ensuring your parental rights are respected if you move, travel or face legal challenges outside Arkansas.

What Protections Do Arkansas Surrogacy Contracts Offer LGBT Parents?

Your surrogacy contract is the foundation of your legal protections. It sets clear expectations and helps prevent misunderstandings throughout the process.

A well-drafted contract should cover:

• Parentage Rights: Your contract should include language confirming that you will be recognized as your child’s legal parents from birth.
• Decision-Making Authority: Your agreement should clearly state who makes medical decisions during the pregnancy.
• Additional Protections: Your contract should include provisions against discrimination and cover what happens during the hospital stay.

By addressing these areas, your contract gives you confidence that your rights are protected and your journey can move forward without unnecessary complications.

Why Choose a Surrogacy Agency for Your Arkansas LGBT Journey?

Going the independent route for surrogacy might seem appealing: more control, potentially lower costs and direct relationships. But agency support can be invaluable when navigating the legal complexities that come with building non-traditional families.

Working with a surrogacy agency that helps gay couples in Arkansas can provide several key advantages:

• Faster Matching: The best surrogacy agencies connect you with surrogates who have been fully and are ready to help LGBT families.
• Experienced Legal Partners: Many agencies work closely with attorneys who understand Arkansas LGBT surrogacy law.
• Ongoing Support and Advocacy: Agencies provide continuous guidance, helping you coordinate with medical providers, resolve unexpected issues and more.

Working with an agency also means you have a partner keeping an eye on the bigger picture. They know the ins and outs of Arkansas law and make sure your paperwork and court filings are handled correctly the first time. If complications arise, they step in with emergency support and connect you to the right resources.

Where to Find LGBT-Friendly Surrogacy Attorneys in Arkansas

Finding the right attorney is one of the most important steps in protecting your parental rights. A knowledgeable reproductive law attorney can make sure your parentage order is filed properly, your surrogacy contract is enforceable and your family’s rights are fully secured.

• Joanna Beck Wilkinson (St. Louis and Columbia, MO): Joanna practices reproductive law across multiple states including Arkansas. She brings extensive experience helping LGBT couples navigate the complexities of surrogacy law.

Having an attorney who understands both state-specific law and the unique needs of LGBT parents can give you peace of mind as you move through your surrogacy journey.

Ready to Start Your Arkansas LGBT Surrogacy Journey?

With proper legal guidance and professional support, you can navigate Arkansas’ gay surrogacy laws and welcome your baby home.

Here are your first steps:

• Step 1: Review financing options. Take time to explore how you’ll cover medical expenses, surrogate compensation and legal fees.
• Step 2: Connect with a surrogacy agency. Find an LGBT-friendly agency that can guide you through your entire journey.
• Step 3: Choose your attorney. Partner with a reproductive law attorney who has direct with surrogacy laws for LGBTQ couples in Arkansas.

Your journey to parenthood doesn’t have to feel overwhelming. Contact a surrogacy professional today to explore your Arkansas surrogacy options and start building the family you’ve always wanted.