Pregnancy is not an option for everyone, whether through life choices or medical circumstances. But there are many in this situation that desire to have children and raise a family. For some, this can lead to adoption; for others, the question is whether surrogacy is an option.
Surrogate Parent Contracts
Surrogate parent contracts are a legal instrument whereby a woman can agree to carry a pregnancy for another person or persons. Upon birth, these other persons will become the newborn’s parents.
Some state laws allow surrogate parent contracts, others are unclear and still other states choose to outlaw surrogate parent contracts entirely. Here is where Arizona stands on this issue.
What Arizona Law Says
Arizona law prohibits any person from entering into, inducing, arranging, procuring or otherwise assisting in the formation of a surrogate parent contract. A surrogate parent contract is defined as:
- Any kind of agreement or arrangement in which a woman agrees to the implantation of an embryo not related to that woman, or
- An agreement stating that a woman will conceive a child through natural or artificial insemination, at which point she will relinquish her parental rights to that child.
Further, the legal mother of a child born as a result of a surrogate parenting contract is entitled to custody of the child. If this mother is married, her husband is presumed to be the legal father of the child (although such presumption is rebuttable in Arizona).
This is not to say that that actual act of surrogacy is not legal in Arizona, but before entering into any kind of surrogate situation, it is best to consult with an attorney to understand potential outcomes.
Contact us at Hallier Stearns PLC for more information about surrogate parenting and other legal parenting issues.