Going for Gestational Surrogacy in Arizona

Surrogacy agreements in Arizona are not allowed by the law of the state. Arizona Revised Statute § 25-218 mentions that assisting a surrogacy contract is not allowed and no person shall enter into any type of agreement pertaining to gestational surrogacy.

Even though the agreements are not enforceable, Gestational Surrogacy is in continuous practice in the state. After a decision made by the court in 1994, it was established that Intended or Aspiring Parents can disprove the presumptions made by the court of law that the Gestational Carrier holds the legal right to be the legal mother of the child. 

With Soos v. Superior Court (1994), Aspiring Parents started to approach Arizona courts to obtain pre-natal orders. The state jurisdiction now provides for pre-natal orders, but the agreements for surrogacy are still unenforceable in the state. Now, there are lawyers who do not work on surrogacy contracts, while some of them prepare letters of discernment or consent that have declaration about their unacceptability or un-enforceability.

Pre-Natal Parenthood Orders

Do courts in Arizona grant orders for pre-natal parenthood?

Yes, there are some courts that will grant the orders, but many of them wait for the birth to take place before releasing the order. Also, there may be a need for hearing before the order is granted. The name of the intended father can be entered on the certificate of birth through paternity affidavit (and with the denial or dis-affirmation of paternity affidavit by the husband of the carrier, in case the carrier is married) at the place of birth itself and by requesting for the inclusion of the names on the certificate of birth.

Is it possible for both the Intended or Aspiring Parents to be declared as the legal parents of the child in a pre-natal order if one of the parents has a genetic link with the child?

Heterosexual or straight married couple with own sperm and egg: Yes

Heterosexual or straight married couple going with sperm or egg donation: Maybe. But this depends on the discretion of the judge handling the case. In many situations, judges have accepted the non-biological aspiring parent as the legal or legitimate parent and approved for their name to be placed on the birth certificate. In the case of non-acceptance, there is a need for stepparent adoption.

Heterosexual or straight unmarried couple with own sperm and egg: Yes

Heterosexual or straight unmarried couple going with sperm or egg donation: Again, just as in the case of heterosexual married couples this depends on the discretion of the judge handling the case. In many situations, judges have accepted the non-biological aspiring parent as the legal or legitimate parent and approved for their name to be placed on the birth certificate. In the case of non-acceptance, there is a need for stepparent adoption.

Homosexual couples going with sperm or egg donation: No, the pre-natal order can only be obtained by biological parents, going with a 2-step process. The non-biological parent has to adopt a second/companion parent outside of the state and this applies only in the case they are married.

Single or only parent with own sperm or egg: Yes

Is there any provision for declaring both the Aspiring Parents as the legal or legitimate parents in a pre-natal order if none of the parents has a genetic relationship with the child?

Heterosexual or straight married couple: No

Heterosexual or straight unmarried couple: No

Homosexual couple: No

Single or only parent: No

Where is the venue?

County of the involved parties or the child’s birthplace.

Do results change as per venue?

Yes, and can also change by the judge

Is there a provision to change the venue opted for?

Yes. It can be easily waived or changed, unless there is any objection.

Is there a need for hearing to acquire a post-birth parenthood order?

It depends on the judge handling the case.

Is a pre-natal order realizable in Arizona if the Gestational Carrier plans to give birth to the child in Arizona, and in case no party lives in the state?

Yes, Arizona Statute § 25-802, regarding venue, declares it sanctionable.

Do Arizona Vital Records recognize an order for pre-birth parentage from some other state?

Yes

What is the time limit to acquire the birth certificate post-delivery?

Within 7-10 days if the party is physically present. Or within a time of 3 weeks if approached by mail.

Same-Sex Or Homosexual Couple

How are the homosexual parents’ names are placed on the certificate of birth?

Parent & Parent

Can an initial certificate of birth be provided to same-sex couple from another country, on mentioning the name of the gestational carrier and genetically related father? 
Yes

Can the initial birth certificate be acquired by a homosexual couple from another country if they only mention the name of the genetically related father and not the name of the gestational carrier?

Yes, but only the name of the genetically related father is placed initially. The non-biological father’s name can only be placed in the certificate of birth when a second parent is adopted. The jurisdiction in Arizona will then revise and reissue the certificate of birth adding the name of the second father.

Is it possible for a non-biological homosexual parent to acquire a second/companion parent adoption if the child is born in Arizona but none of the Intended or Aspiring Parents live in the state?

No

If no, will Arizona Vital Records recognize an order for adopting the second parent from some other state and add their name to the birth certificate?

Yes

Adoptions of the Second Parent and Step-Parent by The Residents of Arizona

Note: This situation typically appears if the child’s birth takes place outside of the state. The parents then come back to Arizona to seek and acquire adoption order for second/companion parent or stepparent in the state.

Does the jurisdiction in Arizona permit the adoption of second/additional parent or stepparent to straight couples residing in Arizona?

Yes

Is it required for the couple to be married?

Yes

Does Arizona’s court of law allow the adoption of second/additional parent or stepparent to same-sex couples residing in the state?

It partially stands for yes, as the state promotes marriage equality. And partially no, as on papers Arizona’s adoption law restricts adoptions to a couple sharing status of “husband and wife” or to an “individual.” So, it is permitted indirectly.

Is it required for the couple to be married?

Yes

Sperm and Egg Donation

Does any statute or legislative act apply to the rights related to the outcomes of surrogacy related to sperm, egg, embryo, or child?

No

Conventional Surrogacy in Arizona

Arizona’s law prohibits both Gestational Surrogacy and Conventional Surrogacy contracts.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.