Yes, Arkansas permits gestational surrogacy under the 2023 Arkansas Gestational Surrogacy Act, which legalized the practice for intended parents and surrogates meeting statutory criteria. The law requires court-approved agreements, mandatory medical and psychological screenings, and pre-birth orders to establish parental rights. Non-compliance risks contract voidance or criminal penalties under Ark. Code Ann. § 9-10-201 et seq.
Key Regulations for Surrogacy in Arkansas
- Pre-Birth Orders Mandatory: Intended parents must petition an Arkansas circuit court for a pre-birth parentage order (Ark. Code Ann. § 9-10-205), which supersedes birth certificates unless contested. Courts prioritize genetic ties but may deny orders if surrogacy agreements violate public policy.
- Surrogate Eligibility Restrictions: Surrogates must be at least 21 years old, have completed at least one prior full-term pregnancy, and pass Arkansas Department of Health (ADH) fertility clinic screenings. Compensation is capped at $30,000 unless court-approved for “reasonable expenses.”
- Criminal Liability for Violations: Unlicensed agencies brokering surrogacy contracts face felony charges under Ark. Code Ann. § 9-10-208, with fines up to $10,000. Intended parents using unapproved surrogates risk civil suits for breach of contract or child custody disputes.