Is Surrogacy Legal in Arizona?

Surrogacy Friendly States and a Shift Towards Surrogacy-Friendly Laws.

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Is Surrogacy Legal in Arizona?

Arizona law clearly states that surrogacy contracts are illegal and unenforceable. The law also declares that the gestational surrogate is the legal mother of a child born via surrogacy and thus is entitled to custody of the child. If the surrogate is married, her husband is presumed to be the legal father of the child. However, this presumption is able to be challenged.

  • Married Couple Friendly
  • Single Friendly

  • Pre-Birth Order, Post-Birth Order, or Post-Adoption Order

Despite surrogacy contracts being unenforceable in Arizona, gestational surrogacy is still practiced albeit with added legal and practical risks. Generally speaking, surrogacy attorneys in Arizona may create a formal agreement called a “letter of understanding.” They can then ask the courts to grant parentage orders to the intended parents, but they are not always issued. Furthermore, intended parents considering surrogacy in Arizona should know that the letter of understanding is not legally binding.

Although it requires additional steps and carries added risk, gestational surrogacy is still an option in Arizona. Intended parents considering surrogacy in the state should work with an attorney familiar with Arizona’s laws to ensure they received complete and accurate legal advice.

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How to Find a Surrogate in Arizona

If you’re looking for a surrogate in Arizona, you may have noticed that we’ve put the state on our “Less-Friendly” list. Why? Even though gestational surrogacy is practiced in Arizona, it comes with more obstacles and legal risk because surrogacy contracts are not allowed. However, that doesn’t mean that all intended parents in Arizona must look elsewhere for their surrogacy journey.

Eggceptional Fertility provides in person, phone, video conference, and email communication options to make our services more accessible. There is never a charge for a consultation with Eggceptional Fertility. We are excited to get to know you and help you on your journey!

How Do I Find a Surrogacy Agency?

Surrogacy is a major emotional, physical, and financial commitment. It’s important to work with an experienced, quality surrogacy agency to save on time, money, energy, and ensure the smoothest possible journey. To find an excellent surrogacy agency, look for one with:

  • Experience – the surrogacy journey is long and complex, with thousands of important details to ensure success and safety for everyone involved. While surrogacy experiences can share certain similarities, unexpected situations often arise. A surrogacy agency with years of experience will help you navigate your journey to parenthood with skill and confidence.
  • Compassion – Intended parents pursuing surrogacy can feel a wide range of emotions – excitement, anxiety, joy, nervousness, and more. All these feelings are completely valid, and you deserve to work with an agency who will support you emotionally as well as logistically. Listen to your intuition when you meet with potential surrogacy agencies and stay away from anywhere that makes you feel like a number instead of a complete human being.
  • Transparency – Surrogacy is complicated, but it shouldn’t be mysterious. As an intended parent, you deserve to be fully informed and aware of every aspect of the process. Of course, you won’t need to manage these details – that’s what your agency is for! Still, a great surrogacy agency will be open and honest about answering your questions, whether it’s about their matching process, the surrogate timeline, or their costs and fees.

Since 2008, Eggceptional Fertility has provided expert surrogacy services to Arizona families, led by our belief that everyone deserves the chance to build a family. Our intended parents, surrogates, and egg donors all make up our extended Eggceptional community, united by our shared dream of helping families.

Why People Use Surrogates

Surrogacy provides a wonderful option for intended parents who cannot carry and deliver a baby on their own. In surrogacy, an embryo is developed in a fertility clinic and then transferred to the uterus of a surrogate (or “gestational carrier”). The surrogate then carries the pregnancy and delivers the baby.

There are many reasons an individual or couple in Arizona might choose to find a surrogate on their path to parenthood. For instance, a woman might have healthy eggs, but not be able to carry a pregnancy for medical reasons. In this case, she could have her eggs retrieved, fertilized with her partner’s sperm, and then transferred to a surrogate who can safely carry and deliver a baby. In this way, both intended parents can still have a biological child.

How Much Does Surrogacy Cost?

The exact amount depends on a number of factors, but surrogacy costs tend to include:

  • Medical & Mental Health Screenings
  • Surrogate Medical Care (including prenatal, delivery, and postpartum)
  • Surrogate Medical Insurance
  • IVF & Embryo Transfer
  • Agency Fees
  • Legal Fees

Typically, intended parents pay for all related surrogacy expenses. Your surrogacy agency should provide a clear estimate of costs for your specific surrogacy journey. This should include both the agency’s fees and a typical breakdown of overall expenses and costs. Eggceptional Fertility has a mission to provide clear and transparent information on fees and expenses. For a more detailed look at our current surrogacy fees, click here.

In Arizona, the surrogacy process carries a few additional legal steps. That’s why it’s critical to work with surrogacy professionals with local experience.

What is the Surrogacy Process?

The Arizona surrogacy process involves:

  • Matching with a surrogate
  • Creating a letter of understanding
  • Developing and transferring embryos
  • Pregnancy, labor, and delivery
  • Securing parental rights

Of course, there are many more steps along the way! The journey begins with an initial consultation with your surrogacy agency. During this consultation, we’ll learn more about you and your family-building goals, as well as answer any initial questions you have about the process. We will also go into more detail about the entire surrogacy process to give you a clear understanding of what to expect. To begin your journey and find an excellent surrogate, schedule your initial consultation today.