Legislative Milestone in Arizona’s Surrogacy Landscape:
In Arizona, the legal landscape surrounding surrogacy is defined by specific prohibitions against compensated surrogacy contracts, making it essential for Intended Parents and Surrogates to navigate these regulations carefully.
Surrogacy Contracts
Surrogacy contracts in Arizona are considered illegal and, as such, cannot be enforced by law. This unique stance significantly impacts the structure of surrogacy agreements within the state, necessitating the use of memoranda of understanding or statements of intent as alternatives to traditional surrogacy contracts. But the process is still considered to be risky.
Parental Rights
Arizona law acknowledges the parental rights of the biological father in surrogacy arrangements, granting him full parental rights under state surrogacy law. Unlike some states that allow for pre-birth orders, Arizona courts will only issue post-birth orders to establish the Biological Father's parental rights. For an Intended Mother to establish legal parentage, she must undergo the stepparent adoption process.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the memorandum, but it is not legally binding.
Who Can Benefit from Surrogacy in AZ?
Heterosexual married couples
Same-sex married couples
Surrogacy Environment in Arizona:
Given the legal constraints on compensated surrogacy and the enforcement of surrogacy contracts, intended parents and surrogates in Arizona must seek alternative methods to formalize their surrogacy arrangements.
Advantages of Surrogacy in AZ
To successfully navigate the intricate legal system involved in surrogacy, it is crucial to have a thorough understanding of the particular demands and limitations of Arizona law. It is also essential to seek out appropriate legal assistance to protect the rights and interests of Intended Parents, Surrogates, and, most importantly, the children born out of surrogacy arrangements.
