Surrogacy in Arizona

Gestational Surrogacy in Arizona

Gestational Surrogacy is legal and practiced in Arizona pursuant to a 1994 appellate court decision (Soos v. Superior Court). Notably, surrogacy contracts themselves are unenforceable and prohibited by statute (Arizona Revised Statute § 25-218). So how do the parties lay out the terms of their agreement? There are many options to safely pursue surrogacy in Arizona but there are several nuances with the Arizona process; that is why it is critical to work with experienced assisted reproduction technology attorneys and professionals that are knowledgeable of the Arizona process.

Understanding Surrogacy Laws in Arizona

Legal Parentage

Arizona courts acknowledge certain parental rights via court order. Some courts will allow pre-birth orders, but many courts wait until after the birth of the child before entering a maternity order. An intended father who is the biological contributor can be listed on the birth certificate without any order through the use of a paternity affidavit in conjunction with a denial of paternity affidavit by the gestational carrier’s husband if the gestational carrier is married. The non-biological parent in a same sex couple may have to pursue an adoption depending on the circumstances.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Arizona Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes  

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Arizona Surrogacy Law

Do You Need a Medical Need for Surrogacy in Arizona?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Arizona if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Married couples, partnered couples, and single individuals can pursue surrogacy in Arizona.

Do Intended Parent(s) need a genetic connection to the embryo?

In Arizona, it is best practice for one of the intended parents to have a genetic connection to the embryo. However, a double donor embryo may be possible in certain circumstances.

Can International Intended Parent(s) Pursue Surrogacy in Arizona?

International parents may pursue surrogacy in Arizona, but will want to work with experts to ensure they understand their options. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Arizona allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. However, the parentage process may vary. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

While altruistic surrogacy is permitted in Arizona, surrogate contracts are unenforceable and there may be legal challenges. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Arizona?

It depends. One of the parties needs to reside in Arizona or baby needs to be born in the state for jurisdictional purposes.

Arizona does require at least one part of the surrogacy process happens in Arizona, meaning that either the intended parent or surrogate resides in Arizona, the child is intended to be or born in Arizona, the gestational carrier act is executed in Arizona, or the medical procedures for assisted reproduction happened in the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

There are no writtens laws in Arizona pertaining to the rights of surrogates. Learn more about surrogate rights.