Surrogacy Laws in Arizona
- Is Arizona a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes. Parentage is a matter of right and not for a court to decide when the parties are in agreement.
- Can birth order be obtained without a genetic connection to Child: Yes. The owner (parents) of the embryos transferred to the Carrier may seek to establish parentage. The Carrier may rebut the presumption of parentage because she is not the owner of the gametes used to form the Child. Parentage may be established prior to the birth of the child.
Summary of Arizona Surrogacy Law:
Generally, most provisions of a surrogacy or ART contract will be enforced in Arizona. Arizona courts have enforced agreements which provide for financial agreement and parentage of an unborn child. In 1989, the Arizona civil statute A.R.S. §25-218 prohibiting the formation of surrogacy contracts was enacted by the legislature. However, this statute was held unconstitutional by the Arizona Court of Appeals in1994. This statute is not the Arizona law any more. However, certain specific provisions, such as those governing termination of the pregnancy may not be consistent with Arizona’s public policy and may not be enforceable.