The Cove state guide
Case-specific routeArkansas law expressly addresses parentage when a surrogate gives birth. Its older statutory language makes genetics, marital status, and the court order especially important to review.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Arkansas expressly identifies an unmarried biological father, and an intended mother when anonymous donor sperm is used, in its surrogacy parentage provisions. Practitioners also report orders for single non-genetic parents. Have counsel identify whether your case fits the statutory wording or depends on broader court practice.
Sources 23An unmarried couple should not assume both partners qualify for the same pre-birth order. Arkansas’s statute expressly names the unmarried biological father alone in that situation. Practitioners describe additional post-birth proceedings for an unmarried non-genetic partner; confirm the available route before creating or transferring embryos.
Sources 23Practitioners report surrogacy parentage orders for gay couples in Arkansas. The statute uses older father-and-wife language, so a married couple should have counsel confirm its application and obtain a judgment naming both fathers. An unmarried non-genetic father may need additional post-birth proceedings.
Sources 23Arkansas’s text includes an intended-mother route where anonymous donor sperm is used, and practitioners report same-sex parentage orders. For two intended mothers, confirm how the court will recognize the partner who does not supply an egg. Marriage, donor documentation, and the requested order can affect the route.
Sources 23International parents are represented in Arkansas surrogacy practice, but the parentage statute is not an immigration rule. Confirm the Arkansas court’s jurisdiction and any post-birth proceedings needed for your family. Have home-country counsel check recognition, nationality, passports, and travel permissions before committing to a match.
Sources 32How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
The route depends on case law, parentage law, or local court practice rather than a comprehensive surrogacy statute.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The statutory text distinguishes married and unmarried biological fathers. Current professional practice extends to same-sex families, but unmarried non-genetic partners may need a different proceeding. Ask for a specific plan naming both intended parents, rather than assuming a general surrogacy contract resolves marriage-related issues.
Section 9-10-201 expressly addresses a biological father and an intended mother using anonymous donor sperm. Court practice reported by fertility lawyers can extend to single non-genetic intended parents. Confirm the legal basis for donated embryos or two non-genetic parents individually.
The cited parentage section does not supply a surrogacy-specific minimum-residency period. That does not mean any family can choose Arkansas courts without a connection. Counsel should confirm jurisdiction and the birth-record authority for the planned carrier, treatment location, and delivery.
The parentage statute is not a complete checklist for a surrogacy contract. Independent attorneys should set out the parties’ responsibilities before medical treatment.
Arkansas’s statute allows a substituted birth certificate through court order. Pre-birth orders are reported for married and single parents, while some unmarried non-genetic parents need post-birth proceedings. Confirm the order’s scope and the documentation needed to list each parent on the final record.
The cited parentage statute does not set a surrogate compensation schedule. Have counsel review the payment arrangement and applicable rules separately.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
