Arizona law doesn’t ban surrogacy, but it does make surrogacy contracts unenforceable. This means that even with a signed agreement, the court might not uphold your rights unless extra legal steps are taken.
If you're a hopeful parent or prospective surrogate in Arizona, this can feel like a major hurdle. But with American Surrogacy by your side, a successful journey is still possible.
This guide will walk you through Arizona surrogacy laws, explain how we overcome legal obstacles and show you how to get started. If you're feeling uncertain, our surrogacy specialists are here to answer your questions.
Arizona Surrogacy Laws: What to Know Before Getting Started
Surrogacy is not prohibited in Arizona. However, Arizona Revised Statute 25-218, states that surrogate contracts are void and unenforceable. Even if both parties sign a surrogacy contract, it won’t be legally binding in Arizona courts.
But there’s a key detail that offers hope: Courts have routinely ruled in favor of intended parents when it comes to establishing parentage.
Because Arizona law does not allow for enforceable surrogacy contracts, American Surrogacy matches intended parents with surrogates in states where surrogacy is legally protected. Likewise, if you're a surrogate living in Arizona, we can match you with hopeful parents from other states.
Is Paid Surrogacy Legal in Arizona?
No, paid surrogacy is not legal in Arizona. The state does not allow for compensated surrogacy contracts because they are unenforceable by law.
That said, there’s a path forward. With American Surrogacy, you can be matched with hopeful parents or a surrogate from a state where paid surrogacy is legal.
Want to understand how surrogate compensation works? Learn more about surrogate pay.
Are Surrogacy Contracts Enforceable in Arizona? What the Law Says
No. Surrogacy contracts are unenforceable in Arizona, meaning the courts will not uphold the terms of a signed agreement. However, this doesn’t mean surrogacy isn’t possible. Thanks to legal precedent, Arizona courts have granted pre-birth orders in favor of intended parents, particularly when there is a clear genetic link.
Additionally, the enforceability of a surrogacy contract generally depends on the laws of the state where the contract is created and where the surrogate delivers. For instance, if a surrogacy agreement is drafted in a surrogacy-friendly state and the surrogate travels there to give birth, the contract may be enforceable under that state’s law.
This is why American Surrogacy helps hopeful parents and surrogates in Arizona connect with matches in states where surrogacy laws are friendlier.
Surrogacy Contract Checklist
Here’s what should be included in a surrogacy contract when working with a surrogate or intended parents across state lines:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
At American Surrogacy, we work with top surrogacy attorneys to make sure your agreement reflects your wishes and complies with all state laws.
When Do I Need a Surrogacy Contract in Arizona? Understanding the Legal Timeline
Once you are matched with a surrogate in a surrogacy-friendly state, you’ll move forward with creating your legal agreement.
First, each party will be represented by their own attorney. Then, your contract will be drafted, reviewed and finalized to reflect your expectations, including decisions around compensation, medical care and termination preferences. After each party signs the contract, your clinic will be cleared to proceed with the embryo transfer.
You can explore how long the surrogacy process takes to better understand your timeline.
Working With an Agency: How Will American Surrogacy Support Me During the Contract Stage?
Due to Arizona’s surrogacy laws, we cannot match Arizona hopeful parents with Arizona-based surrogates. However, if you want to grow your family in Arizona, we can match you with a surrogate from a state where surrogacy contracts are enforceable. Similarly, if you're a surrogate in Arizona, we can match you with hopeful parents from surrogacy-friendly states.
We’ll guide you through every step of the process, from matching to legal finalization, in partnership with your surrogacy attorney. Our team looks into each surrogate’s state laws before we ever show you a profile. That way, we can avoid any unexpected issues down the line.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Our Local Offices
If you'd like to speak with a surrogacy specialist in person, you can visit our local office:
Scottsdale
6424 E. Greenway Parkway
Suite 119
Scottsdale, AZ 85254
LGBTQ+ Surrogacy Laws in Arizona: Planning for Your Journey
Arizona does not have laws that prohibit LGBTQ+ individuals or couples from pursuing surrogacy. However, complications can arise when establishing parentage:
Same-sex couples may be listed as "Parent" and "Parent" on the birth certificate. Married LGBTQ+ couples are more likely to be granted pre-birth orders, but it may vary depending on genetic connection and county court decisions. Unmarried partners may face more difficulty. If one parent lacks a genetic connection, a second-parent adoption may be necessary to secure full parental rights.
At American Surrogacy, we proudly support all family-building journeys.
Abortion Laws in Arizona and Surrogacy Contract Termination Agreements
Arizona's abortion laws are changing. On March 5, 2025, the Maricopa County Superior Court permanently blocked the state's 15-week abortion ban. Now, it's legal up until the point of fetal viability, which is around 23 or 24 weeks of pregnancy.
However, the state still requires in-person counseling and a mandatory 24-hour waiting period before a termination can take place. Additionally, an ultrasound is required prior to the procedure. While these laws are subject to change, they can directly impact what intended parents and surrogates agree to in terms of selective reduction or termination.
Surrogacy Laws for Establishing Parentage in Arizona: How to Secure Parental Rights
Establishing legal parentage in Arizona requires court involvement. While contracts aren’t enforceable, courts often grant pre-birth orders to intended parents who are genetically related to the child. If that’s not the case, post-birth orders or adoptions may be necessary.
Married couples that are genetically related may be eligible to receive a pre-birth order that establishes their legal parentage before the baby is born. Married couples using donors may need to obtain a post-birth order or complete an adoption to establish parental rights. Unmarried couples may face additional legal steps, including second-parent adoption, to secure both parents' legal rights.
LGBTQ+ couples should be prepared for additional legal steps depending on their marital status and genetic relation to the child.
How to Get a Pre-Birth Order
Here's how to get a pre-birth order in Arizona:
Your attorney will help you prepare and submit all necessary documents to the appropriate court. These documents may include affidavits, medical records and other required legal forms. In some cases, only the intended parents need to appear before the judge to confirm the details of the surrogacy arrangement. This court order establishes the intended parents as the legal parents before the baby is born. The names of the intended parents will be listed on the official birth certificate.
International Surrogacy Laws: Can Global Families Work With an Arizona Surrogate?
Arizona’s surrogacy laws apply to international intended parents as well. Since contracts are unenforceable here, international families must work with surrogates in surrogacy-friendly states.
We can help you find the right match within the U.S. if you're from one of the countries we serve.
The Role of a Surrogacy Attorney in Arizona: Your Legal Guide
A surrogacy attorney plays a vital role in protecting your rights. They handle drafting and reviewing legal documents for surrogacy, filing for pre- or post-birth orders and ensuring legal compliance.
We partner with trusted surrogacy attorneys across Arizona and can help you find a professional who fits your needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Arizona typically range from $5,000 to $15,000, depending on the complexity of your case. These costs cover both the intended parents' and surrogate's legal representation.
When you work with American Surrogacy, your legal fees are built into our comprehensive program. You don’t have to worry about hidden costs or last-minute fees.
Find a Surrogacy Attorney Near Me
We work with some of the best surrogacy attorneys in Arizona, including:
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Daniel I. Ziskin PC (Phoenix): Daniel Ziskin specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. He has been a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA) since 1990.
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Tsong Law Group (Cerritos, CA): Ralph Tsong operates out of California but is licensed to practice law in Arizona. With 25 years of experience, he focuses on assisted reproduction, including egg, sperm and embryo donation, and surrogacy arrangements. He is also a respected member of the AAAA.
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Scottsdale Family Law (Scottsdale): Claudia Work is based in Scottsdale and brings in-depth knowledge of assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She is a proud member of the American Academy of Adoption and Assisted Reproductive Attorneys.
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MyersStrickland PLLC (Tucson and Scottsdale): Heather Strickland serves clients across Arizona. She specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She is a sustaining member of the AAAA and brings compassionate legal counsel to every client.
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Kaye McLeod Law Firm Inc. (Little Rock, AR): Although based in Arkansas, Kaye Mcleod is licensed to practice law in Arizona. She focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She has been a member of the AAAA since 1990, offering long-standing expertise across multiple states.
Explore Our Surrogacy Programs in Arizona
We offer three tailored programs to fit your family-building goals and budget:
Limited Risk Program
With this program, you won’t pay twice for the same outcome. If your surrogate is disqualified, a transfer fails or there’s a miscarriage, your fees are refunded or credited toward your next attempt.
Foundation Program
This pay-as-you-go option offers a lower upfront cost. You pay for services as they happen, which may save money if your first transfer is successful. However, added costs may apply if complications arise.
Independent Surrogacy Program
If you already have a surrogate in mind, this program offers affordable legal and agency support without unnecessary duplication of services. We'll help finalize your match and guide you through the legal process.
FAQ: Legal Aspects of Surrogacy in Arizona
Are insurance companies required to cover IVF in Arizona?
No. Arizona does not mandate insurance coverage for IVF. However, there are fifteen states that do require it. This includes Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Arizona?
No. Arizona does not have any laws that grant embryos legal personhood. However, the state has made rulings that reflect the potential of embryos to create life. For example, the Arizona Supreme Court ruled that the term "unborn human being" could be used in voter information pamphlets. These nuances may impact certain family law proceedings.
Is traditional surrogacy legal in Arizona?
Yes. However, it's rarely practiced. There are no laws banning it, but because contracts are unenforceable, most professionals discourage it.
Do sperm and egg donors have parental rights?
No. Under Arizona Code section 25-501, donors are not considered legal parents.
Is there an IVF Tax Credit?
No. There isn’t a state-level tax credit for IVF in Arizona. However, if your out-of-pocket medical expenses exceed 7.5% of your adjusted gross income, you can deduct them on your federal tax return.
You Can Still Build Your Family Through Surrogacy
Arizona’s surrogacy laws might feel restrictive, but you have options. When you partner with American Surrogacy, we help you navigate legal complexities and connect you with surrogates or hopeful parents in states where contracts can be enforced.
You deserve to feel supported, informed and empowered throughout your journey. Contact us today to start your surrogacy journey.