Arizona Surrogacy Laws & Policies

Category

Moderate (Contracts Unenforceable)

Surrogacy Contracts

The law prohibits (“unenforceable”) surrogacy contracts in Arizona—they are not legally valid. Despite that, gestational surrogacy is still practiced in Arizona. The statute against surrogacy contracts also applies to traditional surrogacy.

Pre-Birth Parentage Orders

Courts do grant pre-birth parentage orders in some cases, but many courts prefer to wait until after the child is born to issue a “maternity order.” A hearing may be required before a court issues a pre-birth order.

• Who Can Be Named in a Pre-Birth Order: If at least one intended parent is genetically related:
• Married heterosexual couples (using their own egg & sperm) → yes, both can be declared legal parents
• Married couples using a donor or one non-biological parent → depends on the judge; some allow non-biological parent inclusion; if not, stepparent adoption might be needed later
• Unmarried heterosexual couples (own egg & sperm) → yes
• Same-sex couples (when one is biologically related) → only the biological parent can usually get a pre-birth order; non-biological parent often must pursue second-parent adoption in another state
• Single parent who is biologically related → yes
• If no intended parent is genetically related: married/unmarried couples or single persons generally cannot be declared legal parents via pre-birth order.

Venue/Jurisdiction

You can file in counties where any party lives or where the child is to be born. Courts accept motions to waive venue so long as proper jurisdiction exists. Pre-birth orders possible even if no one resides in Arizona if the child will be born there.

Same-Sex Parents & Birth Certificates

Birth certificate naming convention is “Parent and Parent.” International same-sex male couples may initially get a certificate naming the biological father and gestational carrier; later can amend to list only biological father(s). Non-biological parent’s inclusion may require second-parent adoption outside Arizona.

Birth Certificate Timing

7-10 days if handled in person; about 3 weeks by mail

Adoption Options

Arizona courts grant second-parent or stepparent adoptions. The couple usually must be married. Same-sex couples can also do second-parent or stepparent adoption under Arizona law.