Arizona

Surrogacy Law in Arizona

Arizona Surrogacy Law: Types of Surrogacy

In Arizona, “surrogate-parent contracts” have not been challenged in the courts to test enforceability. The law presumes that the woman giving birth to the child is the child’s mother and if she is married, her spouse is the father of the child. A 1994 case declared A.R.S § 25-218 was unconstitutional on equal protection grounds and the parentage presumption for the mother, rebuttable (taken to be true, unless someone comes forward to contest it). In surrogacy matters, the intended parents seek to establish themselves as parents of the child while the surrogate seeks to overcome her presumption of parentage by showing she is not the parent and has never intended to parent the child.

Are There Surrogate Requirements in Arizona?

No specific legal requirements exist to serve as a gestational surrogate in the state of Arizona.

Does Arizona Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Pre-birth orders are granted, but most courts will wait until after the child is born to enter a final order determining parentage. It’s possible a hearing will be required to secure it. An intended father requires an affidavit to be listed on the birth certificate if court orders are not obtained.

For pre-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:

Yes

Married couples using their own egg and own sperm
Unmarried couples, using their own egg and own sperm
Single parent using own egg or sperm

No

For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

n/a

No

Whose names go on the birth certificate in Arizona?

Same-sex parents are named on birth certificates as “parent and parent.”

An international same-sex male couple can obtain an initial birth certificate naming the biological father and the gestational surrogate as parents. In this instance, the second father would have to obtain a second parent adoption out of state; Arizona would then amend and reissue a birth certificate with the two fathers named. This cannot be circumvented solely on the basis of a child’s birth in Arizona.

Surrogacy Conditions for Same-Sex Couples in Arizona

Are There Options for Unmarried Intended Parents in the state of Arizona?

Egg Donation Law

There is no legal precedent in Arizona that clearly defines the rights to donated eggs or sperm involved in a surrogacy arrangement.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Arizona*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.