A Flat Prohibition on Surrogacy Contracts
Arizona takes one of the strictest positions in the country on traditional surrogacy. This statute does not regulate surrogacy agreements. It prohibits them outright.
No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract.
A.R.S. § 25-218(A)The prohibition is broad. It covers not just the parties to the agreement, but anyone who helps facilitate it. The statute defines a surrogate parentage contract as an agreement where a woman agrees to the implantation of an embryo not related to her, or agrees to conceive through natural or artificial insemination, and then voluntarily relinquish her parental rights to the child.
Who the Law Recognizes as the Parent
If a child is born through a surrogate arrangement despite this prohibition, the statute assigns legal parentage clearly. The surrogate is the legal mother. If the surrogate is married, her husband is presumed to be the legal father, though that presumption can be rebutted with evidence.
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.
A.R.S. § 25-218(B)This statute affects estate planning in specific ways. For families formed through surrogacy arrangements in other states, establishing legal parentage properly before or upon moving to Arizona is critical. Inheritance rights, beneficiary designations, and guardianship provisions all depend on legally recognized parent-child relationships. If parentage is not clearly established, it can create complications in trust distributions, life insurance claims, and probate proceedings.