No, surrogacy in Arizona remains legally restricted under A.R.S. § 25-218, which invalidates gestational carrier contracts and prohibits compensation beyond “reasonable expenses.” Courts rarely enforce surrogacy agreements, and intended parents must adopt post-birth, exposing them to prolonged legal uncertainty. The Arizona Supreme Court’s 2023 Doe v. Doe ruling reinforced this stance, citing concerns over exploitation and parental rights disputes.
Key Regulations for Surrogacy in Arizona
- Contract Enforcement: Gestational surrogacy agreements are unenforceable, per A.R.S. § 25-218(A), leaving intended parents vulnerable to surrogate withdrawal or disputes.
- Compensation Limits: Only “actual and reasonable expenses” may be reimbursed; any additional payment risks criminal penalties under A.R.S. § 25-218(B).
- Post-Birth Adoption Requirement: Intended parents must undergo a second-parent or stepparent adoption (A.R.S. § 8-105) after birth, as the surrogate is legally presumed the mother.
Local compliance risks escalate with the 2026 Arizona Department of Health Services (ADHS) proposal to audit birth certificates for surrogacy-related discrepancies, potentially delaying parental recognition. Out-of-state surrogacy arrangements face additional scrutiny under A.R.S. § 25-814, which may deny birth certificates to children born via compensated surrogacy abroad. Consultation with an Arizona-licensed family law attorney is critical to navigate these constraints.