Arizona

Accepts / Does NOT Accept CA Judgment

Accepts

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

 AZ Rev Stat § 25-218 states that:

A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract.

B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child.

C. If the mother of a child born as a result of a surrogate contract is married, her husband is presumed to be the legal father of the child. This presumption is rebuttable.

D. For the purposes of this section, “surrogate parentage contract” means a contract, agreement or arrangement in which a woman agrees to the implantation of an embryo not related to that woman or agrees to conceive a child through natural or artificial insemination and to voluntarily relinquish her parental rights to the child.

However, this statute was held unconstitutional on equal protection grounds in Soos v. Superior Court, in and for the County of Maricopa, 897 P.2d 1356, 182 Ariz. 470 (1994), since it precluded the biological mother of a child from rebutting the presumption that the gestational carrier was the legal mother.

Vital Records Information

Contact: Anna Romero (602) 364-2428

• MUST USE CA CONTRACT AND CA IVF CLINIC (surrogacy contracts unenforceable and prohibited in AZ, so CA contract/law must be used)

Birth Certificates: 7-10 days if walked through, or within 3 weeks if by mail

Local Counsel

Dan Ziskin
Phoenix, AZ
[email protected]
(602) 234-2280

Heather Strickland
Tucson, AZ 85716
[email protected]
(520) 327-6041