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.”   


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


Acceptance of California Pre-birth order

Yes.

Due to the ease and cost, it is more efficient to use Of Counsel.


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.


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

hmay@tripconylawfirm.com

http://www.tripconylawfirm.com/