Surrogacy contracts for both traditional and gestational contracts are enforceable by the court of law in Arkansas; however, there are legal restrictions as to who may enter into a surrogacy contract as an intended parent. intended parents must be married to each other, and are only able to enter into a surrogacy contract if the Intended Father is the biological father of the child.
Same-sex parents are able to enter into surrogacy contracts provided they are married to each other, with (at least) one parent as the biological parent of the child.

For single intended parents, an unmarried biological father may enter into a surrogacy contract, however, an unmarried mother may enter into a surrogacy contract only in cases where an anonymous sperm donor is used.