Is compensated surrogacy legal in Arkansas?
Yes. Arkansas's surrogacy statute, in place since the late 1980s, explicitly recognizes gestational surrogacy arrangements and allows for compensation.
Are pre-birth parentage orders available?
Yes. In many cases, Arkansas law allows the intended parents to be listed directly on the birth certificate without even needing a court order, when the statute's conditions are met — one of the more streamlined processes in the country.
What the law requires
Written agreement
A surrogacy contract executed before medical procedures begin.
Intended parent eligibility
Arkansas's statute has specific language about intended parents worth reviewing closely with an attorney.
Independent legal counsel
Separate attorneys for the surrogate and intended parents.
Medical evaluation
A medical evaluation confirming readiness for the embryo transfer process.
"Arkansas's statute is notably streamlined in some respects, but its specific eligibility language is older than many newer state laws — worth reviewing the details carefully."
What this means for you as a surrogate
Arkansas offers a long-established, generally streamlined process. Because the statute's language is older, an attorney experienced specifically with Arkansas surrogacy law can clarify exactly how it applies to your situation.