An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Arizona

Generally, is Arizona friendly to ART?  Generally, yes, in other ways, no. The facts of the case are important, such as the genetics involved.  Contracts are void as against public policy but the laws of other states that allow contracts may be used if there is jurisdiction to do so.  It is best to consult with an Arizona attorney to discuss your individual situation.  

Is Arizona friendly to non-married couples?  Yes, if they have a genetic connection to their child.  

Is Arizona friendly to LGBT families?  Yes.  

Is Arizona friendly to a single intended parent? Yes, if they have a genetic connection to their child.  

Are there statutes in place for surrogacy in Arizona?  Yes.  

Does Arizona have an embryo donation statute?  No.  

Does Arizona have an egg donation statute? No.  

In Arizona, is gestational surrogacy (third party gamete use) permitted? Yes, however the genetic intended parent will be determined to be a parent of the child while the non-genetic spouse will be only considered a legal parent of the resulting child.  Totally non-genetic gametes result in an adoption case, with certain exceptions depending on whether it is an intended mother gestating the fetus. 

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Yes, if the intended father’s sperm is used. The intended father’s non-genetic spouse would need to do a step parent adoption of the resulting child.  

In Arizona, is compensated surrogacy allowed by statute?  In practice? It is not disallowed.  Therefore, it is allowed. 

In Arizona, is uncompensated (expense reimbursement only) surrogacy allowed by statute?  In practice? Same answer as above. 

Does Arizona only permit a Carrier to be reimbursed for expenses (altruistic)? There are no limitations on what can be paid for a surrogacy. 

Are surrogacy agreements enforceable, void or prohibited in Arizona? They are void as against public policy if based on Arizona law. 

In Arizona, do both Intended Parents both have to be genetically related to the child? No.  

Does Arizona require at least one Intended Parent to be genetically related to the child? Yes.  

If a single intended parent uses surrogacy, do they have to be genetically related to the child in Arizona? Yes, unless it is a woman gestating the embryo herself. 

Do the Intended Parents have to be married in Arizona to enter into a gestational carrier arrangement? No, if they both have a genetic connection to their child.  

In Arizona, do two Intended Parents have to be opposite genders? No.  

Does Arizona allow pre-birth parentage orders to be issued for surrogacy? Yes.  

 Does Arizona only allow a post-birth parentage order to be issued? Pre or post birth orders are allowed. 

Can you obtain both a pre and post birth order in Arizona for the same child? Yes.  

Can you obtain a parentage order if the carrier resides in Arizona?  Yes.  

Can you obtain a parentage order if only the intended parents reside in Arizona?  Yes.  

Can you obtain a parentage order if the birth occurs in Arizona? Yes, if a party is in AZ when the petition is filed if asking for a pre-birth order. 

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Arizona? No.  

What is the basis for venue in Arizona?  Residency of a party or agreement of the parties.  

Do results vary by venue in Arizona?  Sometimes.  

Is a hearing required for a parentage order in Arizona?  Usually, no.  

Does Arizona have a passport office? Yes.  

How long does it take to obtain a birth certificate in Arizona? 1-2 weeks. 

Will Arizona vital records honor a parentage order from another state? Yes.  

Does Arizona vital records office require a parentage order from another state to be registered? No, but sometimes it is still a good idea.  

In Arizona, how does the birth certificate list same-sex parents?  Parent/Parent, Mother/Mother, or Father/Father. 

Can an initial birth certificate be obtained naming the biological parent and the carrier in Arizona?  Yes.  

In Arizona, can the birth certificate be amended to include only the biological parent or both intended parents? Yes.  

Do your amended birth certificates say “amended” on them in Arizona? No.  

Can intended parents in a surrogacy obtain an adoption order in Arizona? No, unless they are residents of Arizona.  

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Arizona should not rely exclusively on these printed responses.  All these issues should be discussed with an Arizona ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.