Significant statutory restrictions

Surrogacy laws in Arizona

Arizona currently has an express statute addressing surrogate parentage contracts. The statute materially restricts these arrangements, so a prospective carrier should obtain Arizona-specific legal advice before relying on a contract or matching plan.

What Arizona law says

Arizona Revised Statutes §25-218 states that no person may enter into, induce, arrange, procure or otherwise assist in the formation of a “surrogate parentage contract.” The statute also addresses legal-mother and marital presumptions and defines the type of arrangement covered by the section.

Why the red classification appears on the state index: it identifies a significant statutory restriction. It does not mean that every assisted-reproduction or parentage question in Arizona has the same answer.

What this means for a prospective gestational carrier

Do not assume that an agreement drafted for another state will be enforceable in Arizona, and do not treat delivery location alone as a workaround. Residence, the agreement, medical procedures, parentage facts and jurisdiction can all matter. Independent reproductive counsel should review the proposed structure before any agreement or embryo-transfer process.

Current-law caution

Legislative proposals can change this area quickly. This page describes the current statutory restriction and should be rechecked against the current Arizona code before a journey begins.

Primary authority: Arizona Revised Statutes §25-218.