Current statute: A.R.S. §25-218
Arizona Revised Statutes §25-218 states that a person may not enter into, induce, arrange, procure, or otherwise assist in forming a surrogate parentage contract. The statute also contains parentage presumptions tied to the surrogate and, if applicable, the surrogate’s spouse.
Because of that statutory language, Arizona should not be described as a standard “moderate” state where a gestational-carrier agreement is routinely enforceable. Any Arizona journey requires specialized legal analysis.
What about court decisions?
Arizona case law has affected how some parentage provisions are applied, but it does not justify treating §25-218 as if it no longer exists. Counsel must assess the statute together with controlling constitutional and parentage decisions in the facts of the specific case.
2026 legislation
HB 4073 was introduced in 2026 to repeal and replace the current prohibition with a detailed gestational-surrogacy framework. Until legislation is enacted and effective, it should be treated only as a proposal and not as the governing law.
Practical next step
Before matching, signing an agreement, or planning an Arizona delivery, obtain advice from an Arizona attorney with assisted-reproduction experience. Do not rely on county reputation or assumptions about pre-birth orders.
Arizona is a state where the text of the current statute matters. Pending reform should not be confused with existing law.