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A.R.S. § 25-218: Surrogacy Contract Ban

Surrogate parentage contracts; prohibition; custody; definition

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Is surrogacy legal in Arizona?

In Arizona, surrogate parentage contracts are banned outright—no one may enter into or help arrange one—the surrogate is the child's legal mother entitled to custody, her husband (if she is married) is presumed the legal father unless that presumption is rebutted, and such a contract is defined as an arrangement where a woman agrees to carry an unrelated embryo or conceive a child and give up her parental rights.

Full statute text

Official text last checked against azleg.gov:

25-218. Surrogate parentage contracts; prohibition; custody; definition

A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract.

B. 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.

C. If the mother of a child born as a result of a surrogate contract is married, her husband is presumed to be the legal father of the child. This presumption is rebuttable.

D. For the purposes of this section, "surrogate parentage contract" means a contract, agreement or arrangement in which a woman agrees to the implantation of an embryo not related to that woman or agrees to conceive a child through natural or artificial insemination and to voluntarily relinquish her parental rights to the child.

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