While Arkansas keeps battling over gay adoption, surrogacy is an attainable option for some prospective lesbian and gay parents.
The adoption conflict in Arkansas remains unsettled, and the fight will continue until progress is won. But there’s another option for lesbian and gay men who want to become parents.
Arkansas surrogacy law is one of the most liberal in the United States. Laws make it possible to work with a surrogate, and have both you and your partner’s names placed on the birth certificate. State law allows unmarried women to undergo artificial insemination and makes no presumptions regarding the legal status of the donor. This law allows for gays and lesbians to use surrogacy to create a family.
According to Arkansas Attorney Gary Sullivan,
“The Arkansas law has two major advantages not found elsewhere. First, the marital status of the surrogate is irrelevant; and no adoption is necessary after the birth of the child to the surrogate parent. The birth certificate lists the parents as those intended in the surrogacy contract.”
The surrogate mother has no chance to change her mind about the decision and procedures either during the pregnancy or for a time period after the pregnancy – as is the case in adoption.
Many surrogacy clients don’t live in Arkansas, and several surrogates and egg donors do not live there either. Also, you’re not required to live in Arkansas to form your contract and take advantage of Arkansas’ law on surrogacy.
Located in Little Rock, Mr. Sullivan is a general practitioner with an emphasis on domestic relations, particularly surrogacy. He is especially interested in legal aspects involving children and has served in several custody cases. He is a strong advocate for children’s rights and for surrogate parenting.
While the legislature in California does not specifically address surrogacy, case law does and in California, like Arkansas, the marital status of the surrogate is immaterial and the Intended Parents do not have to adopt their children; they are declared the parents prior to their child’s birth. While I didn’t know the laws were as favorable as they are in Arkansas, I wanted to clear up any misconceptions about California law.
Further, it’s an even better state for lesbian couples who are are registered domestic partners as they do not have to petition the court to have their names placed on the birth certificate. If they are registered, the child is considered a child of their union and no further legal paperwork is needed.
please see Johnson v. Calvert and In Re Marriage of Buzzanca for further information on California surrogacy law.
Feel free to contact me at stephanie@surrogacy-lawyer.com or view my blog at http://surrogacylawyer.blogspot.com/.