Surrogacy in Arizona
While most states in the US allow and promote surrogacy, Arizona happens to be one of the very few exceptions. It is a state with anti-surrogacy laws.
Although surrogates and intended parents from Arizona do enter surrogacy contracts regularly, the execution mostly runs on good faith. And surrogacy attorneys play a vital role in such agreements.
Let us answer some of your most common questions related to surrogacy in Arizona.
Is gestational surrogacy legal in Arizona?
Legally, no. As per the Arizona statute on surrogate parentage contract, gestational surrogacy is prohibited.
It also states that the gestational carrier or the surrogate mother is the legal parent of the child. Additionally, if the surrogate is married, her husband is said to be the legal father.
Is compensated surrogacy legal in Arizona?
No, as traditional and gestational surrogacy is outlawed by the Arizona statute, a surrogate is not allowed to receive any compensation for entering a surrogacy agreement.
Is gay surrogacy legal in Arizona?
No, surrogacy contracts are not legal for both gay and heterosexual couples.
Is traditional surrogacy legal in Arizona?
No, the Arizona statute also outlaws the process of traditional surrogacy.
Are surrogacy agreements enforceable in Arizona?
No, as the Arizona statute does not recognize surrogacy agreements, they are not enforceable in Arizona.
Regardless of this, surrogacy is adopted by many intended parents as an option to achieve parenthood. More about this later.
What are the laws in Arizona on pre-birth orders?
Surprisingly, pre-birth orders are legal in Arizona. However, they are mostly issued when both the intended parents are genetic parents of the child.
In the case of a single genetic parent, the pre-birth order may or may not be issued. The allowance can vary from county to county.
Is second-parent adoption allowed in Arizona?
No, second-parent adoptions are not allowed in Arizona. It means the intended parent with no genetic connection to the child has to get a second-parent adoption order from some different state that permits it.
How are intended parents still pursuing surrogacy in Arizona?
Firstly, the best option for intended parents in Arizona is to carry out their surrogacy process in a different state. Neighboring states like California, Nevada, and Utah are surrogacy-friendly and can be a good option.
If you do decide to carry out surrogacy in a neighboring state, Giving tree surrogacy is a California-based egg donation and surrogacy agency with an established network of IVF clinics and legal professionals. They can make your family-building process completely hassle-free.
Secondly, the way surrogacy works in Arizona is potentially risky. Some attorneys in Arizona will prepare “letters of understanding” that will outline all the aspects of the surrogacy process. Surrogates and intended parents have their individual legal representations. While this method is potentially risky, it is used by many intended parents.
We as Giving Tree surrogacy do not recommend anyone to go against the law as it can lead to complications further down the line in your journey.
Unfortunately, Arizona is one of the very few anti-surrogacy states. Gestational surrogacy in itself is a complex process, and Arizona laws on top of that make it even more complex.
To minimize the risks, we recommend intended parents work with experienced surrogacy professionals like Giving Tree Surrogacy and their network of surrogacy attorneys in Arizona.
Happy Family Building!
Fill out an intended parent application to start your journey to parenthood.