The Legality of Surrogacy in Arizona
One of the states that is a subject of a minor debate in the surrogacy world is the state of surrogacy law in Arizona. At first blush, Arizona looks very unfriendly to surrogacy. In practice, with the right attorneys who are experienced with surrogacy in Arizona, it is a different story. Arizona still has a statute on the books that says:
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.
This particular statute was found to be unconstitutional by the Arizona Supreme Court in Soos v. Superior Court on equal protection grounds. The Court noted that while a man could challenge the parentage of the surrogate’s husband, a woman could not challenge the parentage of the surrogate. As a result, Arizona is a state with a law banning surrogacy on the books which is not enforced.
While that might seem daunting, surrogacy matches frequently occur in Arizona, and it is one of the many states that Tsong Law Group practices in. It can be a popular state for intended parents due to its large metropolitan areas and proximity to California. Ideally, a surrogacy contract drafted involving an Arizona surrogate or intended parents will involve the choice of law of another state which has a friendly surrogacy statute such as California, Washington, or Illinois. The Arizona Vital Records office will recognize out-of-state judgments under Full Faith and Credit Clause, and most hospitals accepting prebirth orders from other states such as California. Alternately, the parties can file parentage actions in Arizona in which all parties agree to the parentage of the intended parents prior to birth similar to prebirth orders. With the right attorney guidance familiar with Arizona courts, hospitals, and vital records, Arizona becomes a viable option for intended parents and surrogates.
As an Arizona licensed attorney, the Tsong Law Group can assist your surrogacy journey in Arizona, and advise whether another state’s law can be used for drafting the contract.
If you need legal assistance in your surrogacy contract, contact us now.
This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.