The Cove state guide
Contract restrictionsArizona's statute prohibits surrogate parentage contracts, creating a significant enforceability concern. Court decisions have nevertheless allowed intended parents to challenge parentage presumptions, so the contract rules and the parentage process must be considered separately.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Arizona's contract restriction does not automatically prevent a single person from establishing parentage. A genetic parent may have a court route; someone using both donor eggs and donor sperm needs a separate adoption analysis. Resolve parentage and the unenforceable-contract problem before arranging treatment.
Sources 125Genetically related unmarried parents have obtained parentage orders in reported practice. When only one partner is genetically related, recognizing the other partner is more difficult, and Arizona does not offer the same stepparent route available to spouses. Ask counsel about a separate adoption in an appropriate jurisdiction.
Sources 154Reported Arizona practice allows married intended fathers to seek parentage orders when one has a genetic connection. Unmarried couples and couples using an embryo unrelated to either father require different planning. These parentage possibilities do not make Arizona surrogacy contracts enforceable.
Sources 153A genetic intended mother can challenge the carrier's maternity presumption under Soos. Reported practice also supports married couples using a donor when one intended parent is genetic. Confirm the non-genetic mother's route separately, especially if unmarried; recognition is not created merely by signing a surrogate contract.
Sources 251An overseas residence does not resolve Arizona's contract prohibition or the family's genetic and marital-status questions. Counsel must establish jurisdiction and coordinate any order, adoption and birth-record changes. A state parentage decision cannot promise a passport, immigration outcome or acceptance by the parents' home country.
Sources 146How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
The state restricts surrogacy contracts or recognizes only a particularly narrow arrangement. Read the details with an attorney.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Marriage matters to the practical parentage and adoption route even though the contract prohibition applies to everyone. An unmarried non-genetic partner should not assume that a married couple's reported parentage process is available to them, or that an Arizona second-parent adoption will solve the gap.
Soos protects a genetic intended mother's opportunity to establish maternity. It does not turn every donor arrangement into an enforceable agreement. Cases with one or no genetic intended parents require counsel to distinguish the parentage claim from any adoption that may be necessary.
Section 25-218 does not supply an international eligibility pathway or a surrogacy residence threshold. Courts still need jurisdiction, and filing practice varies. Have counsel evaluate the intended birth location, carrier's residence and connections to another state before selecting a legal process.
A.R.S. § 25-218 prohibits entering into or arranging a surrogate parentage contract. Do not assume that an agreement used successfully in another state will be enforceable in Arizona.
Treat the agreement and the court order as separate questions. Arizona prohibits surrogate parentage contracts, while courts may adjudicate intended parents' rights. An order addressing the carrier and any spouse, followed by the correct birth-record process, matters more than a signed agreement alone.
A promised payment does not overcome the statutory contract restriction. Obtain Arizona advice before agreeing to compensation or relying on payment obligations.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
