Gestational Surrogacy in Arizona | Arizona Surrogacy Laws

Surrogacy in Arizona

Arizona law prohibits surrogacy contracts. Specifically, “No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract.” Arizona Revised Statute § 25-218.

Yet, Gestational Surrogacy continues to be practiced in Arizona. After a 1994 Arizona court decision ruled that Intended Parents can rebut the statutory presumption that the Gestational Carrier is the legal mother of a child born through surrogacy, Soos v. Superior Court (1994), Intended Parents began to petition Arizona courts for pre-birth orders. Courts now grant such pre-birth orders to single intended parents who share a genetic connection with the child or married intended parents where at least one spouse is a genetic parent, but surrogacy contracts remain unenforceable.

Pre-Birth Parentage Orders

Yes, some will, but others wait until after the child’s birth before entering a parentage order. The court may request a hearing before granting the final order. Parents will be listed as “Mother” and “Father” on the initial birth certificate, so even in a case where the court grants a pre-birth order, intended parents may need to submit a post-birth request to amend the birth certificate if they wish to be listed as “Parent” and “Parent.”

County of any party to the case, or the county where child is born.

Yes; results may also vary by judge.

Yes. So long as there is proper jurisdiction in Arizona, the parties may consent to waive venue.

It varies by judge.

Yes, Arizona Statute § 25-802, regarding venue, anticipates such a possibility.

Yes, but hospitals may be hesitant to accept an out of state court order.

7-10 days if walked through, or within 3 weeks if by mail.

Will a court declare both intended parents to be a child’s legal parents if at least one parent is genetically related to the child?

Married heterosexual couple using own egg and sperm:

Married heterosexual couple using an egg donor or sperm donor:

In most cases, yes.

Unmarried heterosexual couple using own egg and own sperm:

Unmarried heterosexual couple using an egg donor or sperm donor:

No, both intended parents must be genetically related if they are unmarried.

Same-sex married couple using an egg donor or sperm donor:

In most cases, yes. But they may wish to amend the birth certificate after birth to ensure they are listed as “Parent” and “Parent.”

Unmarried same-sex couple using an egg or sperm donor:

Single parent using an own egg or sperm:

Will a court declare both intended parents to be a child’s legal parents if no parent is genetically related to the child?

Married heterosexual couple:

Unmarried heterosexual couple:

Same-sex couple:

Single parent:

Same-Sex Couples

The initial birth certificate will list them as “Mother” and “Father.” Therefore, they may file a subsequent action to amend the birth certificate to list them as “Parent” and “Parent.”

Yes.

Yes, but the initial birth certificate will list them as “Mother” and “Father.” Therefore, they may wish to file a subsequent action to amend the birth certificate to list them as “Parent” and “Parent.”

Yes.

Second Parent & Stepparent Adoptions for Arizona Residents

Yes.

Note: This situation typically arises if the child is born outside the state. The parents then return to Arizona to obtain a second parent adoption or stepparent adoption in Arizona.

Yes.

Yes. While Arizona’s adoption statute limits adoptions to a “husband and wife” or to an “individual,” courts have granted confirmatory adoptions to same-sex couples.

Yes.

State law information provided by the following attorneys practicing Reproductive Law in this state:

Heather Strickland

Tucson, AZ 85716
heather@fosterbloomlaw.com
(520) 327-6041

Other attorneys practicing Reproductive Law in this state:

The US Surrogacy Law Map™

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