Gestational Surrogacy Regulations in Arizona

Overview

Gestational Surrogacy in Arizona is expressly prohibited by Arizona Revised Statute §25-218, thus making surrogacy contracts statutorily unenforceable. Following a 1994 Arizona court decision allowing the Intended Parents to rebut the presumption that the Gestational Carrier is the legal mother, Arizona courts began granted Pre-Birth Orders while still maintaining that the underlying contracts are unenforceable. (Soos v. Superior Ct. County of Maricopa, 897 P.2d 1356).

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IPs or GC are residents of Arizona there is a basis for venue in Arizona. There may also be venue in Arizona if the Gestational Carrier is planning on delivering the child in Arizona per Arizona Statute 25-802* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Arizona:
Yes
Birth outside of Arizona:
Yes

Pre-Birth Orders are likely to be granted when both the Intended Parents is genetically related to the child. When an egg or sperm donor is used and at least one of the Intended Parents is genetically related to the child, a pre-birth order may be possible. When neither Intended Parent shares a genetic relationship to the child, a parentage order will not be possible, and a married heterosexual couple must wait until after the child’s delivery to file for a stepparent adoption.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes* (depends on judge)
Post-Birth Orders:
Yes

General Information

Will Arizona Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
1-3 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes'
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes*

Second Parent and Stepparent Adoptions for Arizona Residents:

*Stepparent adoptions are granted in situations where neither Intended Parent in a heterosexual married relationship are genetically related to the child. Second parent adoptions are expressly prohibited in Arizona*

Traditional Surrogacy in Arizona?

*Traditional Surrogacy is expressly prohibited in Arizona.*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.