Surrogacy is a legal arrangement in which one person carries and bears a baby who will be parented by an individual or couple who cannot have a biological child on their own. For example, a couple able to conceive a child, but in which the woman cannot safely carry the child, can create a zygote (fertilized egg) which is then implanted into the body of the surrogate. Or a couple unable to conceive a child may have a donor zygote implanted into a surrogate. Surrogacy is legal in Arkansas, and it is legal to pay the surrogate for the work of carrying and bearing the child. So what is the connection between adoption and surrogacy in Arkansas?
Pre-birth orders
A pre-birth order is a legal document recognizing that the intended parents in a surrogate birth are the legal parents of the child. In Arkansas, this is possible when the child is the biological child of the intended parent or parents.
Examples:
- A single man who supplies the sperm for a donor egg or the surrogate’s egg can receive a pre-birth order naming him the legal parent of the child.
- A married couple in which one of the two is the biological parent of the surrogate-born child can both receive pre-birth orders saying that they are the legal parents of the child.
- A married couple in which both are the biological parents of the child will receive a pre-birth order saying that the are the legal parents of the child.
In these cases, the surrogate is never considered as the legal parent of the child.
No pre-birth order
In other cases, such as an unmarried couple or a single person who is not the biological parent of the child, there may be no pre-birth order. Such cases require a combination of adoption and surrogacy in Arkansas.
However, since Arkansas does not recognize second parent adoption, the unmarried couple would still have to marry in order for both parents to be recognized as the legal parents of the child. In this case, the unmarried couple realizing that their plan to become legal parents together would need to marry. Then the member of the couple who is not a biological parent can use stepparent adoption to make the relationship legal and permanent.
An unmarried person hiring a surrogate with a donor zygote will generally have to adopt the child after the child is born. Since the intended parent is not genetically related to the baby, the pre-birth order is usually not given.
Complicated and confusing?
All we can say is that it’s even more complicated and confusing in other states. Arkansas is recognized as one of the most surrogacy-friendly jurisdictions in the country. Yet the process of making sure that the child is in fact the legal child of the intended parents can still be complicated.
And adoption journeys often are confusing and complicated. Fortunately, Heimer Law has the expertise and the heart to help make your adoption journey as smooth as it possibly can be. Call us, or use our inquiry form, to begin the conversation.
Inquiry Form