Artificial insemination of a woman shall only be performed under the supervision of a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement to the artificial insemination, and the physician shall certify their signatures and the date of the insemination.
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 subsection (b) of this section 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).
Wrongful Birth.
Summary judgment was properly granted to a physician and a clinic in an outrage claim based on their failure to comply with subsection (b) of this section regarding an artificial insemination procedure on a wife because a wrongful birth action was not cognizable under Arkansas law.
Brown v. Wyatt, 89 Ark. App. 306, 202 S.W.3d 555 (2005).
Chapter 11
Marriage
Subchapter 1
— General Provisions
Effective Dates.
Acts 1875, No. 102, § 2: effective six months after passage.
Acts 1941, No. 32, § 3: approved Feb. 6, 1941. Emergency clause provided: “Whereas, numerous marital contracts entered into between persons of immature ages continuously create serious domestic relations problems, and under present conditions the parent has insufficient control over the marriage contract of his minor child, all of which results in confusion, an emergency is declared to exist. This act being for the immediate preservation of public peace, health and safety, shall be in full force and effect from and after its passage.”
Acts 1964 (1st Ex. Sess.), No. 5, § 3: Mar. 26, 1964. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law of this State provides that marriage contracted by a male person under the age of eighteen (18) years or a female person under the age of sixteen (16) years is absolutely void; that there are many persons in this State who were married when one or both parties to the contract were under the ages set out above who believe themselves to be validly married and who have lived together as husband and wife for many years; that the fact that such marriages are declared void by the present laws of this State have resulted in and will continue to result in such persons being deprived of certain privileges and benefits to which such persons would have been entitled had their marriage not been deemed absolutely void by law; and that it is necessary that this inequity be corrected immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”
Acts 1971, No. 145, § 3: approved Feb. 22, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there are many cases involving males under the age of eighteen (18) and females under the age of sixteen (16) wherein the female has given birth to a child, but under existing law the underage parties under these circumstances are prohibited from marrying. It is further determined by the General Assembly that where a child has been born to an underage couple that it would be in the interest of the couple, their families and the State of Arkansas that they be permitted to enter into the bonds of marriage. Therefore, an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage.”
Acts 1973, No. 79, § 3: Feb. 7, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that under the present laws of this State, males under eighteen (18) years of age cannot contract marriage even with parental consent but that such seventeen (17) year old males are in fact permitted and encouraged to serve in the armed forces of the United States and to do and perform many other acts which demonstrate their maturity; that it is unfair and inequitable to deprive these young men, seventeen (17) years of age of the privilege of contracting marriage and that this Act is designed to correct this situation and should be given effect immediately. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1981, No. 371, § 3: Mar. 9, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law provides that parental consent is required for the issuance of a marriage license to a male under the age of twenty-one (21) years but is not required in the instance of a female who is over eighteen (18) years of age; that such distinction between males and females is unreasonable and that this act is immediately necessary to grant equal treatment to both the males and females as regards parental consent for obtaining a marriage license. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 2008 (1st Ex. Sess.), No. 3, § 5: Apr. 2, 2008. Emergency clause provided: “It is found and determined by the General Assembly that questions concerning the application of Act 441 of 2007 as enacted have arisen, and differing interpretations by the courts and county clerks require the immediate correction and clarification of the law to ensure uniform application of the minimum age requirement for marriage. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: 1. The date of its approval by the Governor; 2. If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or 2. If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2009, No. 956, § 34: July 31, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that laws concerning juveniles need to be amended and updated; that the fair and efficient administration of juvenile law is highly important to society at large; and that this act is immediately necessary because the judiciary needs to begin addressing these changes in laws involving juveniles. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Research References
ALR.
Validity of marriage as affected by lack of legal authority of person solemnizing it. 13 A.L.R.4th 1323.
Am. Jur.
52 Am. Jur. 2d, Marriage, § 1 et seq.
Ark. L. Rev.
Domestic Relations — Annulment by Parents When Minors Are Above Statutory Marriage Age, 8 Ark. L. Rev. 113.
The Effect of Void and Voidable Marriages in Arkansas, 10 Ark. L. Rev. 188.
The Cause of Action for Annulment of Marriage in Arkansas, 14 Ark. L. Rev. 85.
The Uniform Marriage and Divorce Act: Analysis for Arkansas, 28 Ark. L. Rev. 175.
C.J.S.
14A C.J.S., Civil R, § 235.
38A C.J.S., Gifts, § 67.
55 C.J.S., Marriage, § 1 et seq.
65 C.J.S., Names, §§ 4-6.
Case Notes
Reputation.
Where record evidence had been destroyed by fire, reputation of marriage was admissible to establish legitimacy of issue. Farmer v. Towers, 106 Ark. 123, 152 S.W. 993 (1913).
Brown v. Wyatt, 202 S.W.3d 555 (Ark. Ct. App. 2005). · cites it 14דHe argues that the trial court erroneously granted appellees' motion for summary judgment and dismissed his tort action for negligence and outrage because Ark. Code Ann. § 9-10-202 (Repl. 2002) creates a statutory duty upon doctors to obtain the written consent of the husband…”
Scoggins v. Medlock, 381 S.W.3d 781 (Ark. 2011). · cites it 2דThe conclusion that the death of the child was not anticipated is confirmed by the language in section 9-10-202(c) that venue of paternity actions involving a juvenile shall be in the county in which the juvenile resides.”
Brown v. Brown, 125 S.W.3d 840 (Ark. Ct. App. 2003). · cites it 2ד) In addition, Arkansas Code Annotated section 9-10-202(b) (Repl. 2002), provides: (b) Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement…”
Victoria Allen, Tina Pankey, & Donald Long v. Jesse Allen, 2021 Ark. App. 263 (Ark. Ct. App. 2021). · cites it 6דArk. Code Ann. § 9-10-202 (a). “Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement to the artificial insemination, and the physician shall…”
— Ark. Code Ann. § 9-10-202(b) — 2 cases
Brown v. Brown, 125 S.W.3d 840 (Ark. Ct. App. 2003). “) In addition, Arkansas Code Annotated section 9-10-202(b) (Repl. 2002), provides: (b) Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement…”
Brown v. Wyatt, 202 S.W.3d 555 (Ark. Ct. App. 2005). “He argues that the trial court erroneously granted appellees' motion for summary judgment and dismissed his tort action for negligence and outrage because Ark. Code Ann. § 9-10-202 (Repl. 2002) creates a statutory duty upon doctors to obtain the written consent of the husband…”
— Ark. Code Ann. § 9-10-202(c) — 1 case
Scoggins v. Medlock, 381 S.W.3d 781 (Ark. 2011). “The conclusion that the death of the child was not anticipated is confirmed by the language in section 9-10-202(c) that venue of paternity actions involving a juvenile shall be in the county in which the juvenile resides.”
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.