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Surrogacy Laws in Arizona

Arizona outlaws classic surrogacy arrangements and gestational surrogacy arrangements, but a portion of that statute has been decreed as unconstitutional by one appellate court.


Explanation: There is a statute on the books in Arizona which forbids surrogate contracts, and it says that if a surrogacy happens, the surrogate will be the true mother of the baby. Moreover, the husband of the surrogate, if she is a married woman, is thought to be the baby’s father. However, it says that this assumption can face a rebuttal with evidence. The determination of surrogate as the legal mother was taken to court with a challenge in 1994. A wife and husband had gone through with a gestational surrogacy arrangement, and they had used the sperm from the husband and the eggs from the wife.

Over the duration of the surrogate’s pregnancy, a divorce was filed by the wife, and she petitioned for custody of the triplets, which were unborn at the time. The husband said that he was biological father of the triplets, and,in accordance with Arizona law, the surrogate was the true mother. The trial court said the automatic conferral of legal-mother status was not constitutional. Another court, a Court of Appeals, upheld the decision of the trial court. The statue was against the Equal Protection Clause of the Fourteenth Amendment, and it granted the father of intention a chance to set legal parentage but not giving the same chance to the mother of intention. Although, the appellate court opinion might have only taken down a single provision of the surrogacy law, and the Supreme Court refused to hear the case, the exact scope of the law outlawing surrogacy arrangements I not clear.

Certainly, the case establishes that the intended mother in the counties in the jurisdiction of the Appellate Court is able to give a rebuttal to the presumption that the surrogate is automatically the legal mother of a child who is born in the context of a surrogacy arrangement.



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