If you’re considering surrogacy in Arkansas — either as a hopeful parent or prospective surrogate — it’s important to understand the laws that shape your journey. Knowing your rights, responsibilities and legal protections can give you peace of mind before you begin.
This guide breaks down Arkansas surrogacy laws so you can feel confident taking the next step. We’ll cover the enforceability of surrogacy contracts, LGBTQ+ rights, parentage, compensation and more.
If you run into questions as you read, you can speak to a surrogacy specialist for personalized guidance.
Arkansas Surrogacy Laws: What if There Are No Statutes?
Currently, there are no specific laws in Arkansas that ban or regulate gestational surrogacy. Because there are no regulations prohibiting surrogacy, it is legally permitted. In fact, Arkansas courts have generally been supportive when hopeful parents and surrogates create formal agreements.
This is where American Surrogacy comes in. As part of the surrogacy legal process, we partner with trusted attorneys to make sure everything is done ethically and correctly. We monitor ongoing legislative changes and advocate for best practices to protect everyone involved.
Is Paid Surrogacy Legal in Arkansas? Here's What You Should Know
Yes, paid surrogacy is legal in Arkansas because there are no laws banning it. Surrogates can receive compensation for their time, effort and the physical and emotional commitment required throughout the journey. This compensation is designed to provide financial stability during the surrogate's journey.
We work with surrogates and intended parents across the U.S. If paid surrogacy isn’t legal where you live, we can help you find a match in Arkansas so you can start building your family.
Learn more about how surrogate compensation works.
Are Surrogacy Contracts Enforceable in Arkansas?
Yes. Courts in Arkansas have upheld surrogacy contracts created with the help of a qualified attorney. While there is no law that directly addresses enforceability, case precedent supports the use of legal documents for surrogacy.
As always, it’s important that your surrogacy contract clearly outlines each party’s roles, rights and expectations.
Surrogacy Contract Checklist
Every surrogacy journey should begin with a strong legal foundation. Here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
At American Surrogacy, we coordinate with top surrogacy attorneys to ensure that your contract reflects your wishes and complies with any state laws.
When Do I Need a Surrogacy Contract in Arkansas?
Once you’ve matched with a surrogate or hopeful parents, you can start working on the surrogacy contract. Your surrogacy attorney will help finalize all the details before any medical procedures take place.
Want to understand the surrogacy timeline better? Explore a full breakdown of the process.
You Won't Be Alone: How American Surrogacy Will Support You During the Contract Stage
Our team will walk you through every decision in your surrogacy contract in collaboration with your attorney. We want you to feel informed and reassured and be legally protected every step of the way.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be confident that before we share a surrogate’s profile with you, we’ve already verified her eligibility and reviewed her state’s surrogacy laws.
Our Local Offices
You can speak to a surrogacy specialist in person by visiting our local Arkansas office:
Rogers
Rogers, AR 72756
LGBTQ+ Surrogacy Laws in Arkansas: How to Protect Your Parental Rights
Arkansas law allows LGBTQ+ individuals and couples to pursue surrogacy. However, there are a few nuances to keep in mind:
Arkansas birth certificates traditionally used "Mother" and "Father." But following a 2017 Supreme Court ruling, married same-sex couples in Arkansas can have both their names listed on their child's birth certificate. Courts in Arkansas often issue pre-birth orders for married LGBTQ+ couples, even if only one partner is genetically related. Unmarried couples may face more challenges and might need to explore second-parent adoption. Second-parent adoption is available to help non-genetic parents establish full legal parental rights.
At American Surrogacy, we’re proud to support LGBTQ+ couples through every step of their surrogacy journeys.
Abortion Laws in Arkansas and Surrogacy Contract Termination Agreements
Arkansas law significantly restricts abortion. The state has a near-total ban in place, allowing the procedure only for "medical emergencies." This makes it essential for intended parents and surrogates to discuss their values and preferences before matching.
Termination clauses are a required part of every surrogacy contract. This ensures that everyone involved understands the possible outcomes if pregnancy complications arise.
If Arkansas’s abortion laws don’t align with your needs, American Surrogacy can help you pursue surrogacy in a state with more flexible reproductive policies.
Surrogacy Laws for Establishing Parentage in Arkansas: How to Secure Your Rights
Arkansas allows both pre-birth and post-birth orders to establish parental rights. These legal documents ensure your name is placed on the baby’s birth certificate without needing to adopt your own child.
If you're married, you can typically receive a pre-birth order in Arkansas, even if only one partner is genetically related to the child. Unmarried intended parents may not qualify for a pre-birth order and might need a post-birth order or second-parent adoption to establish legal parentage. Protections do exist, but the legal process can vary depending on your marital status and whether either partner is genetically related to the child.
How to Get a Pre-Birth Order
Here’s how to get a pre-birth order in Arkansas:
Your attorney will guide you through the legal process and prepare the necessary paperwork to establish parentage. This legal document formally requests a pre-birth order recognizing you as the legal parent(s). A judge may review your case in a short court hearing, but often only one intended parent or your attorney is required to attend. Once the judge approves your petition, you’ll receive a pre-birth order affirming your parental rights. The hospital and state vital records office will use the pre-birth order to issue a birth certificate with your names listed as parents with seven to 14 business days.
International Surrogacy Laws: What Global Parents Need to Know
Arkansas doesn’t have laws specifically for international intended parents. This means international families can pursue surrogacy in Arkansas with the same regulations and protections as domestic families.
If you live outside the U.S., American Surrogacy can help you find a surrogate and navigate the legal process from start to finish.
The Role of a Surrogacy Attorney in Arkansas: Your Legal Guide
A surrogacy attorney ensures your legal documents for surrogacy are valid and enforceable under Arkansas law. They protect your rights, answer legal questions and represent your best interests.
We can connect you with an experienced surrogacy attorney in Arkansas who will help guide your journey.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
In Arkansas, legal fees for surrogacy typically range from $5,000 to $15,000. Intended parents cover these fees, including the surrogate’s legal representation.
With American Surrogacy, these costs are built into our programs. You won’t need to budget for extra legal expenses.
Find a Surrogacy Attorney Near Me
Here's one of the attorneys in our trusted Arkansas network:
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Law Offices of Mary Beck (St. Louis and Columbia, MO): Joanna Beck Wilkinson is licensed to practice in Arkansas. She specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. Joana is a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
Explore Our Surrogacy Programs in Arkansas: Choose the Path That’s Right for You
American Surrogacy offers three program options to meet your needs:
Limited Risk Program
This program protects your investment by crediting or refunding your fees if you experience setbacks like disqualification, failed embryo transfers or miscarriage. It ensures you won’t pay twice for the same outcome, giving you financial peace of mind.
Foundation Program
This option follows a traditional pay-as-you-go model. It can mean lower costs if you have a successful first embryo transfer. However, if complications arise, you may be responsible for additional out-of-pocket expenses.
Independent Surrogacy Program
If you’ve already matched with a surrogate, this program is for you. We take care of everything else — screening, legal guidance, case management, etc. — while helping you avoid duplicate costs and unnecessary fees. It’s a cost-effective way to complete your journey with expert support.
FAQ: Legal Aspects of Surrogacy in Arkansas
Are insurance companies required to cover IVF in Arkansas?
Yes. Under Arkansas Code sections 23-85-137 and 23-86-118, insurers must cover IVF for patients who meet specific criteria.
To qualify, the patient and their spouse must either have a documented two-year history of unexplained infertility or infertility linked to specific medical conditions. The IVF procedure must use the patient's eggs and the spouse’s sperm.
Coverage includes a lifetime maximum benefit of $15,000 and only applies to procedures performed in licensed facilities. It's important to note that employers who self-insure are not required to offer this coverage.
Is an embryo considered a person in Arkansas?
Yes. Arkansas law recognizes life as beginning at conception. In the Arkansas Constitution, Amendment 68 states that "the policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."
While this doesn't grant embryos full legal personhood in all contexts, it does influence laws and policies related to reproductive rights.
Is traditional surrogacy legal in Arkansas?
Yes. There aren't any laws in Arkansas banning traditional surrogacy. However, it is rarely practiced. Gestational surrogacy is typically recommended because it offers clearer legal protections and avoids emotional complexities.
Do sperm and egg donors have parental rights?
No. Arkansas case law clarifies that sperm and egg donors are not legal parents when their gametes are used in assisted reproduction.
Is there an IVF Tax Credit?
No. There isn't a formal IVF tax credit exists in Arkansas. However, you can deduct qualified medical expenses on your federal return if they exceed 7.5% of your adjusted gross income.
Starting Your Surrogacy Journey in Arkansas
Whether you're a hopeful parent or a prospective surrogate, you deserve a smooth, supported path to surrogacy.
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
Let’s make your dream a reality. Contact us today to start your journey.