Learn About Third-Party Assisted Reproduction & Surrogacy Law in Arizona
Everything you need to know about surrogacy law in Arizona.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Arizona
- Gestational surrogacy is permitted, but surrogacy contracts are unenforceable.
- Surrogacy agreements are still highly recommended.
- Pre-birth parentage orders may be available for genetic intended parents.
- Non-genetic parents may be required to establish parentage through post-birth proceedings, often involving second-parent adoption.
- Independent legal representation is recommended for all parties.
Arizona Surrogacy Law: What You Need to Know
Although surrogacy takes place in Arizona, it is necessary to pursue with the proper legal support and a clearly written agreement. Many intended parents are able to complete the surrogacy process and secure their parental rights through court proceedings.
Arizona Surrogacy at a Glance | Compensated Surrogacy | Occurs in practice, but contracts are unenforceable |
|---|---|
| Same-Sex Couples | May pursue surrogacy, but face legal challenges establishing parentage |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed for genetic intended parents |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | Although surrogacy agreements in Arizona are unenforceable, it is highly recommended |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Non-Genetic parents will be recognized as the parent through post-birth court proceedings |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | Genetic parents will be listed on their child’s original birth certificate. Non-Genetic parents will be listed post-birth once a second-parent adoption has been completed elsewhere. |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4+ weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Arizona for personalized advice.