Arkansas
PRE BIRTH OR POST BIRTH ORDER
Pre-birth
Process begins at week 14 of the pregnancy. Once the case is filed, and as of January 2017, issuance of the judgment is averaging about one month.
*Table below updated as of 2017-02-10
Smith v. Pavan, 2016 Ark. 437 (8 Dec. 2016): The key issues in the case concerned the constitutionality of Arkansas statutes regulating birth certificates for children who are born to married women by means of artificial insemination. The suit was filed in Arkansas by three married female couples to whom children were born during their same-sex marriages. The Arkansas Department of Health (ADH) declined to put the names of the same-sex spouses (female marriage partners), but did put the birth mothers on the birth certificates. The same-sex couples sued seeking to force the ADH to list the names of both same-sex female spouses on the birth certificates. Plaintiffs relied on Obergefell v. Hodges, which the court concluded “that Obergefell did not answer the questions presented in this case regarding the constitutionality of Arkansas statutes relating to the issuance of birth certificates.”
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Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
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One Bio Connection |
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√ |
√ |
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Two Bio Connections |
√ |
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No Bio Connections |
√ |
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Acceptance of California Pre-birth order
Yes.
Due to the ease and cost, it is more efficient to use Of Counsel.
The Order should be sent to:
Ranch Walker
ADH-Vital Records
4815 W. Markham Street, Slot 44
Little Rock AR 72205
Phone: 501-661-2345
Fax: 501-661-2869
Email: Rancharese.Walker@arkansas.gov
The hospital should list the GC on the birth record and Vital Records will use the Order to amend the birth record, listing the IPs as parents. The Report of Surrogate Birth should also be submitted to VR. As long as a certified Order is provided to VR, a court seal is not required at the bottom of the form.
The costs for birth certificates are $15 to amend the birth record, $12 for the first copy, and $10 for each additional copy.
Birth Certificates
Timing - Varies by county, but the typical time frame is 10 business days.
Title - Parents can choose to be listed as father, parent, or mother.
GC - If the GC is unmarried, the initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
Social security number
The social security number/card should NOT be applied for at the hospital.
statutes / case law
Gestational Surrogacy is permitted by statute, Arkansas Code§ 9-10-201.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, there is case law that clearly indicates sperm and egg donors are no considered parents.
Venue
There are no venue requirements.
Do results vary by venue? No.
Are motions to waive venue accepted? N/A.
Electronic signatures / e-notarizaTIONS
Unknown.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? No.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? Yes, the couple must either be married or registered domestic partners.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? No.
Does the couple need to be married? N/A.
of counsel
Heather M. May
Tripcony, May & Associates
415 N. McKinley Street, Suite 180
Little Rock, AR 72205
(501) 296-9999