Ark. Code Ann. » Title 9 Chapter 10
Arkansas Code Annotated

Ark. Code Ann. § 9-10-201 (2026)

Child born to married or unmarried woman — Presumptions — Surrogate mothers

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. Any child born to a married woman by means of artificial insemination shall be deemed the legitimate natural child of the woman and the woman's husband if the husband consents in writing to the artificial insemination.
  2. A child born by means of artificial insemination to a woman who is married at the time of the birth of the child shall be presumed to be the child of the woman giving birth and the woman's husband except in the case of a surrogate mother, in which event the child shall be that of:
    1. The biological father and the woman intended to be the mother if the biological father is married;
    2. The biological father only if unmarried; or
    3. The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.
    1. A child born by means of artificial insemination to a woman who is unmarried at the time of the birth of the child shall be, for all legal purposes, the child of the woman giving birth, except in the case of a surrogate mother, in which event the child shall be that of:
      1. The biological father and the woman intended to be the mother if the biological father is married;
      2. The biological father only if unmarried; or
      3. The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.
    2. For birth registration purposes, in cases of surrogate mothers the woman giving birth shall be presumed to be the natural mother and shall be listed as such on the certificate of birth, but a substituted certificate of birth may be issued upon orders of a court of competent jurisdiction.

History. Acts 1985, No. 904, §§ 1, 2; A.S.A. 1947, §§ 34-720, 34-721; Acts 1989, No. 647, § 1.

Cross References. Child conceived after death of parent, § 28-9-221.

Research References

Ark. L. Rev.

Brad Aldridge, Comment: A Constellation of Benefits and a Universe of Equal Protection: The Extension of the Right to Marry Under Pavan v. Smith, 72 Ark. L. Rev. 245 (2019).

Case Notes

Estoppel.

Finding that the husband was estopped from denying that twins conceived by artificial insemination were not his was proper even though the written consent required by § 9-10-202(b) had not been obtained because the husband knew the facts and acted as if he agreed to the procedure; further, he accepted the children as his own. Brown v. Brown, 83 Ark. App. 217, 125 S.W.3d 840 (2003).

Even though father had been ordered to pay child support for children conceived through artificial insemination, collateral estoppel did not preclude him from raising the issue of consent in a subsequent action against a physician and a clinic alleging outrage and negligence because the issue was not dispositive in the divorce case. Brown v. Wyatt, 89 Ark. App. 306, 202 S.W.3d 555 (2005).

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1993–2021 · leading case: Smith v. Pavan, 2016 Ark. 437 (Ark. 2016).
Sort: Relevance Newest Treatment
Smith v. Pavan, 2016 Ark. 437 (Ark. 2016). · cites it 24× “” Ark. Code Ann. § 9-10-201 (a). It is likely, therefore, that a same-sex couple will now have both spouses’ names listed on 30 the original birth certificate without a court order, so long as the child was conceived via artificial insemination, the same-sex marriage occurred…”
David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). · cites it 2× “§ 25-218 (2012); Ark. Code Ann. § 9-10-201 (b) (West 2013); D.”
In re K.M.H., 169 P.3d 1025 (Kan. 2007). “38-1114(f), including language permitting an unmarried woman and a sperm donor to avoid the statutory bar and provide for the paternity of the donor through an “agreement in writing”—see Ark. Code Ann. § 9-10-201 (2002); *73 Fla.”
Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011). · cites it 2× “) Ark. Code Ann. § 9-10-201 (b) (1) (2009).”
Brown v. Wyatt, 202 S.W.3d 555 (Ark. Ct. App. 2005). · cites it 12× “Brown signed with California Cryobank did not constitute written consent required by Ark. Code Ann. § 9-10-201 (a) (Repl. 2002).”
Doe v. Doe, 710 A.2d 1297 (Conn. 1998). “2d 1356 [1994]); Ark. Code Ann. § 9-10-201 (b) (1) (Michie 1993) (if biological father is married, child bom of surrogate mother is child of biological father and woman intended to be mother); Fla.”
Smith v. Pavan, 2016 Ark. 437 (Ark. 2016). · cites it 10× “” Ark. Code Ann. § 9-10-201 (a). It is likely, therefore, that a same-sex couple will now have both spouses’ names listed on the original birth certificate without a court order, so long as the child was conceived via artificial insemination, the same-sex marriage occurred prior…”
R.R. v. M.H., 689 N.E.2d 790 (Mass. 1998). “Ark. Code Ann. § 9-10-201 (b),(c) (Michie 1993).”
Smith v. Pavan, 2017 Ark. 284 (Ark. 2017). · cites it 7× “2075 (2017) (per curiam) and the State’s concession that Ark. Code Ann. § 9-10-201 is unconstitutional, I would declare Ark.”
Levin v. Levin, 626 N.E.2d 527 (Ind. Ct. App. 1993). “§ 20-20-010 (1993); Ark. Code Ann. § 9-10-201 (1991); Cal.Fam.”
Victoria Allen, Tina Pankey, & Donald Long v. Jesse Allen, 2021 Ark. App. 263 (Ark. Ct. App. 2021). · cites it 7× “” Ark. Code Ann. § 9-10-201 (a) (Repl. 2020).”
Pamela Estelle Harrison v. Shannon Nicole Harrison (Tenn. Ct. App. 2021). “(citing Ark. Code § 9-10-201(a) (2015)). The Arkansas Supreme Court concluded that this statute would not extend to same-sex couples.”
— Ark. Code Ann. § 9-10-201(a) — 5 cases
Smith v. Pavan, 2016 Ark. 437 (Ark. 2016). “” Ark. Code Ann. § 9-10-201 (a). It is likely, therefore, that a same-sex couple will now have both spouses’ names listed on 30 the original birth certificate without a court order, so long as the child was conceived via artificial insemination, the same-sex marriage occurred…”
Brown v. Wyatt, 202 S.W.3d 555 (Ark. Ct. App. 2005). “Brown signed with California Cryobank did not constitute written consent required by Ark. Code Ann. § 9-10-201 (a) (Repl. 2002).”
Smith v. Pavan, 2016 Ark. 437 (Ark. 2016). “” Ark. Code Ann. § 9-10-201 (a). It is likely, therefore, that a same-sex couple will now have both spouses’ names listed on the original birth certificate without a court order, so long as the child was conceived via artificial insemination, the same-sex marriage occurred prior…”
Smith v. Pavan, 2017 Ark. 284 (Ark. 2017). “2075 (2017) (per curiam) and the State’s concession that Ark. Code Ann. § 9-10-201 is unconstitutional, I would declare Ark.”
Pamela Estelle Harrison v. Shannon Nicole Harrison (Tenn. Ct. App. 2021). “(citing Ark. Code § 9-10-201(a) (2015)). The Arkansas Supreme Court concluded that this statute would not extend to same-sex couples.”
— Ark. Code Ann. § 9-10-201(b)(1) — 1 case
Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011). “) Ark. Code Ann. § 9-10-201 (b) (1) (2009).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.