Arizona Surrogacy Laws
Stance of Courts Toward Surrogacy
Surrogacy contracts are unenforceable by statute, pre-birth parentage & post-birth orders are granted on case-by-case basis.
Intended Parents Marital Status / Establishing Parentage
Pre-birth parentage orders are now routinely granted when both the Intended Parents (whether married or unmarried) are genetically related to the child, or one intended parent is genetically related and the intended parents are married.
Money Permitted?
Contracts to enforce payment are not enforceable
Summary of Law
Arizona law declares all surrogacy contracts unenforceable and against public policy, but surrogacy is not illegal.
Cases, Additional Info
Arizona Revised Statutes § 25-218 – cannot enter or enforce surrogacy parentage contract, birth mother/surrogate is entitled custody of child