Arizona Surrogacy Laws to Know

The surrogacy laws in Arizona have a large impact on the surrogacy process. Our team at American Surrogacy is ready to help you navigate this journey and find the right legal counsel to assist along the way.

Surrogacy laws in Arizona look a little different than their neighboring states. Many states in the U.S. do not have surrogacy laws, but Arizona is not one of them. An Arizona statute clearly declares what is and is not legal surrogacy. Due to this statute, Arizona is not considered a surrogacy-friendly state. However, do not let that discourage you from pursuing the surrogacy process.

To get more information about how Arizona surrogacy laws may affect your journey, contact a surrogacy specialist now.

There are other avenues to surrogacy that can take place. Learn more about how Arizona surrogacy laws work and how to make sure you can get the most of your surrogacy experience.

Legal Contract for Surrogacy

While there are no laws in much of the U.S., there are surrogacy laws in Arizona that affect the use of a legal contract for surrogacy. An Arizona statute forbids surrogate parent contracts for both traditional and gestational surrogacy. According to the statute, the surrogate is the legal mother of the child and, if she is married, her husband is the father. This statute renders contracts unenforceable, making the surrogacy process a risky path. Likewise, a compensated surrogacy contract is also not legal and cannot be enforced.

Why You Need a Surrogacy Attorney in Arizona

Having a knowledgeable Arizona surrogacy attorney guide you through Arizona surrogacy laws is very important when it comes to pursuing surrogacy in this state. While you cannot enforce a surrogacy contract in Arizona, an attorney will help you achieve your dreams of becoming a parent through other available legal routes. This may include finding a surrogacy partner outside of Arizona. This will allow you to work with their state’s surrogacy laws which may be more friendly toward intended parents and surrogates.

Pre-Birth Parentage Orders

A pre-birth parentage order allows intended parents to legally be declared the parents at birth so their names will go on the birth certificate. However, due to an Arizona surrogacy law, pre-birth parentage orders are rarely granted. Some courts will allow it, but most will wait until after the birth of the child before entering a maternity order.

For intended parents using their own sperm and egg, this process is less tricky. If you are genetically related to the child you will likely be declared a legal parent in a pre-birth order. For those using a donor, it can depend on the county you are in and the judge assigned to your case.

Adoption in the Surrogacy Process

While the adoption process is much different from the surrogacy process, there may be a need for adoption during surrogacy due to the legal process. If intended parents do not receive a pre- or post-birth order, they will need to complete an adoption order after the birth. However, there are different kinds of orders that can be required depending on your situation.

Depending on your marital status and the use of donor eggs and sperm, you may be able to complete an adoption order. Currently, due to surrogacy laws in Arizona, second-parent adoptions are not allowed. This can affect same-sex and unmarried couples. Many intended parents in this situation may travel to another state to complete a second-parent adoption. Your surrogacy attorney would assist you in this process as it can become difficult to navigate in Arizona without their expertise.  

Working with American Surrogacy

If you are looking into surrogacy in Arizona, don’t get discouraged. Our team at American Surrogacy is ready to assist you in any way we can. Our specialists can always help you find a partner for your surrogacy process who lives in a more surrogacy-friendly state.

From starting your surrogacy journey and beyond, our surrogacy specialists are ready to help you with guidance and support throughout the surrogacy process. To learn more about our agency program, call us at 1-800-875-2229 (BABY) or contact us online.