Arizona Surrogacy Laws

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Arizona Surrogacy Laws

An Arizona statute prohibits surrogacy contracts. Arizona’s revised statutes provide that both traditional surrogacy and gestational surrogacy agreements are unenforceable and that no person may enter into or assist in the formation of a surrogacy contract (A.R.S. § 25-218).

Although Arizona’s surrogacy contracts are unenforceable, surrogacy continues to be practiced in Arizona cities like Scottsdale, Phoenix, and Tucson.

Laws Concerning Parentage Orders in Arizona

In “Soos v. Superior Court,” the Arizona Superior Court ruled that although surrogacy contracts are not enforceable, intended parents can rebut the presumption that the gestational surrogate is the mother of the child (Soos v. Superior Court, 897 P.2d 1356 (1994).).

Intended parents in Arizona can petition Arizona courts for pre-birth parentage orders. The Arizona court may grant a pre-birth order—results vary by county—but the surrogacy contract itself will remain unenforceable.

Many Arizona courts wait until after the birth of the child before entering an order establishing maternity. The intended father can be listed on the child’s birth certificate through the use of a paternity affidavit.

Egg and Sperm Donor Law in Arizona

There is no Arizona statute or any published case law that addresses the rights of a donor concerning the child born as a result of said donor’s donation of eggs, sperm, or embryos.

Arizona Stepparent and Second-Parent Adoption Law

Arizona law allows for a stepparent in Arizona to adopt their spouse’s child as long as the stepparent is married to the child’s biological parent (AZ Rev. Stat. § 8-103.).

Fertility Clinics in Arizona

Reach Out to Baby Steps

You shouldn’t have to navigate Arizona surrogacy laws without help. To secure the help you need, contact Baby Steps Surrogacy Center by calling 412-281-9906 or reach us through the contact buttons at the top of this page.