gestational surrogacy; agreements

HB4073 - 572R - I Ver

REFERENCE TITLE:
gestational surrogacy; agreements

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4073

Introduced by

Representatives
Connolly: Aguilar, Austin, Blattman, Cavero, Contreras L, Contreras P, Crews,
Garcia, Gress, Hernandez A, Hernandez L, Liguori, Luna-N�jera, M�rquez,
Peshlakai, Sandoval, Simacek, Stahl Hamilton, Travers, Tsosie, Villegas,
Volk;� Senators Alston, Gabald�n, Gonzales, Miranda, Sears

AN
ACT

repealing section 25-218, arizona
revised statutes; amending title 25, chapter 2, article 2, arizona revised
statutes, by adding a new section 25-218; relating to surrogacy
contracts.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.
Repeal

Section 25-218, Arizona Revised
Statutes, is repealed.

Sec. 2. Title 25, chapter 2, article 2, Arizona
Revised Statutes, is amended by adding a new section 25-218, to read:

START_STATUTE
25-218.

Gestational surrogacy agreements; requirements; prohibitions;
definitions

A. A person may enter into a
gestational surrogacy agreement to act as a gestational surrogate pursuant to
this section.� Any person who enters into a gestational surrogacy agreement to
act as a gestational surrogate must meet all of the following:

1. Be at least twenty-one years of
age.

2. Previously have given birth to at
least one child.

3. Complete a medical evaluation
related to the surrogacy arrangement by a physician who is licensed pursuant to
title 32, chapter 13 or 17 or a certified nurse midwife or certified women's
health registered nurse who is licensed and certified pursuant to title 32,
chapter 15.

4. Complete a mental health
evaluation by a mental health professional who is licensed pursuant to title
32, chapter 33, a psychiatrist who is licensed pursuant to title 32, chapter 13
0r 17, a psychologist who is licensed pursuant to title 32, chapter 19.1 or a
mental health nurse practitioner or psychiatric clinical nurse specialist who
is licensed and certified pursuant to title 32, chapter 15.� The evaluation
required by this paragraph may not be conducted by a counselor who is licensed
pursuant to title 32, chapter 33, article 8.

5. Have independent legal
representation of the person's choice by an attorney who is licensed by this
state to practice law REGARDING THE TERMS OF THE GESTATIONAL SURROGACY
AGREEMENT.

b. A person may enter into a
gestational surrogacy agreement as an intended parent pursuant to this
section.� each intended parent who enters into a gestational surrogacy
agreement must meet all of the following:

1. Be at least twenty-one years of
age.

2. Complete a medical evaluation
related to the surrogacy arrangement by a physician who is licensed pursuant to
title 32, chapter 13 or 17 or a certified nurse midwife or certified women's
health registered nurse who is licensed and certified pursuant to title 32,
chapter 15.

3. Complete a mental health
evaluation by a mental health professional who is licensed pursuant to title
32, chapter, 33, a psychiatrist who is licensed pursuant to title 32, chapter
13 0r 17, a psychologist who is licensed pursuant to title 32, chapter 19.1 or
a mental health nurse practitioner or psychiatric clinical nurse specialist who
is licensed and certified pursuant to title 32, chapter 15. The
evaluation required by this paragraph may not be conducted by a counselor who
is licensed pursuant to title 32, chapter 33, article 8.

4. Have independent legal
representation of the intended parent's choice by an attorney who is licensed
by this state to practice law regarding the terms of the GESTATIONAL surrogacy
agreement.

C. A gestational surrogacy agreement
entered into pursuant to this section must meet all of the following:

1. At least one of the following
jurisdictional requirements:

(
a
) At least
one party to the gestational surrogacy agreement must be a resident of this
state.

(
b
) The birth
that results from the gestational surrogacy agreement will occur or is
anticipated to occur in this state.

(
c
) The
assisted reproduction performed pursuant to the surrogacy agreement will occur
in this state.

2. The gestational surrogate and each
intended parent meet the requirements of subsections A and B of this section.

3. Each intended parent, the
gestational surrogate and the gestational surrogate's spouse, if any, all are
parties to the gestational surrogacy agreement and sign the gestational
surrogacy agreement.

4. The signature of each party to the
agreement is attested by a notary public commissioned pursuant to title 41,
chapter 2, article 1.

D. A gestational surrogacy agreement
shall contain all of the following:

1. An
acknowledgement and agreement from the gestational surrogate that The
gestational surrogate agrees to attempt to become pregnant by means of assisted
reproduction.

2. An acknowledgment and aGreement
from The gestational surrogate and the gestational surrogate's spouse, if any,
that the gestational surrogate and the gestational surrogate's spouse, if any,
have no claim to maternity or paternity of a child born pursuant to the
gestational surrogacy agreement. A gestational surrogate may proceed
with a gestational surrogacy agreement without the agreement of the gestational
surrogate's spouse if the gestational surrogate has made reasonable efforts to
locate the gestational surrogate's spouse and the spouse cannot be located.

3. An acknowledgement and aGreement
from The gestational surrogate's spouse, if any, to comply with the provisions
of the gestational surrogacy agreement.

4. An acknowledgement and AGreement
from the intended parent or, if there are two intended parents, each intended
parent jointly and severally that immediately on the birth of the child OR
CHILDREN born pursuant to the gestational surrogacy agreement that the intended
parent or intended parents will be the exclusive parent or parents of AND WILL
ASSUME PHYSICAL RESPONSIBILITY FOR the child or children born pursuant to the
gestational surrogacy agreement, regardless of the gender of the CHILD or
children born pursuant to the gestational surrogacy agreement or the mental or
physical condition of the child or children born pursuant to the gestational
surrogacy agreement.

5. An acknowledgement and agreement
FROM the intended parent or, if there are two intended parents, each intended
parent jointly and severally that immediately on the birth of the child or
children born pursuant to the gestational surrogacy agreement THAT the intended
parent or intended parents will assume responsibility for the financial support
of AND WILL BE THE EXCLUSIVE PARENT OR PARENTS OF the child or children born
pursuant to the gestational surrogacy agreement, regardless of the gender of
the CHILD or children born pursuant to the gestational surrogacy agreement or
the mental or physical condition of the child or children born pursuant to the
gestational surrogacy agreement.

6. An acknowledgment and agreement
from the intended parent or, if there are two intended parents, each intended
parent jointly and severally THAT unconditionally accepts and assumes custody
of the CHILD or children born pursuant to the gestational surrogacy agreement.

7. Information disclosing how each
intended parent will pay the agreed-on expenses of the gestational surrogate,
the assisted reproduction expenses and the medical expenses for the gestational
surrogate and the child or children born pursuant to the gestational surrogacy
agreement.

8. An
acknowledgement and agreement that the gestational surrogate may make all
health and welfare decisions regarding the gestational surrogate's care
throughout the pregnancy that results from the assisted reproduction that is
the subject of the gestational surrogacy agreement.

9. Information about each party's
rights pursuant to this section.

E. In addition to the requirements of
subsection D of this section, a gestational surrogacy agreement may provide for
either of the following:

1. Payment of compensation, support
and reasonable expenses incurred by the gestational surrogate.

2. Reimbursement of agreed-on
expenses if the gestational surrogacy agreement is terminated pursuant to
subsection H of this section.

F. Unless a gestational surrogacy
agreement expressly provides otherwise, The marriage of the gestational
surrogate after the gestational surrogacy agreement is signed by all parties
does not affect the validity of the gestational surrogacy agreement.� the
consent to the gestational surrogacy agreement of the spouse of the gestational
surrogate who marries the gestational surrogate after the gestational surrogate
enters into a gestational surrogacy agreement is not required.� the spouse of
the gestational surrogate who marries the gestational surrogate after the
gestational surrogate enters into a gestational surrogacy agreement is not a
presumed parent of a child conceived pursuant to the gestational surrogacy
agreement.� The dissolution of marriage, annulment, declaration of invalidity
or legal separation of the gestational surrogate after the gestational
surrogate enters into the gestational surrogacy agreement is signed by all
parties does not affect the validity of the gestational surrogacy agreement.

G. The marriage of an intended parent
after the gestational surrogacy agreement is signed by all parties does not
affect the validity of the gestational surrogacy agreement.� the consent of the
spouse of an intended parent who marries the intended parent after the intended
parent enters into the gestational surrogacy agreement is not required.� the
spouse of an intended parent who marries the intended parent after the intended
parent enters into the gestational surrogacy agreement is not a parent of a
child conceived pursuant to the gestational surrogacy agreement.� The
dissolution, annulment, declaration of invalidity or legal separation of an
intended parent after the gestational surrogacy agreement is signed by all
parties does not affect the validity of the gestational surrogacy agreement,
and the intended parents are the parents of the child.

H. A party to a gestational surrogacy
agreement may terminate the gestational surrogacy agreement at any time before
a gamete or embryo transfer by giving written notice of termination to all
other parties to the gestational surrogacy agreement. If a gamete or embryo
transfer does not result in a pregnancy, a party may terminate the gestational
surrogacy agreement at any time before a subsequent gamete or embryo transfer.�
Unless a gestational surrogacy agreement provides otherwise, on termination of
the gestational surrogacy agreement, the parties to the gestational surrogacy
agreement are released from the agreement, except that each intended parent
remains responsible for expenses that are reimbursable pursuant to the
gestational surrogacy agreement and incurred by the gestational surrogate
through the date of termination.� Except in a case involving fraud, a party is
not liable to any other party for a penalty or damages for terminating a
gestational surrogacy agreement pursuant to this subsection.

I. On the birth of a child conceived
pursuant to a gestational surrogacy agreement, each intended parent is a parent
of the child.� A gestational surrogate or the gestational surrogate's spouse or
former spouse, if any, is not a parent of the child.� If the child is alleged
to be a genetic child of the gestational surrogate, a court shall order genetic
testing of the child. If the child is a genetic child of the person who agreed
to be a gestational surrogate, parentage must be determined based on chapter 6
of this title.� A donor is not a parent of a child conceived by assisted
reproduction.

J. If, due to a clinical or
laboratory error, a child conceived pursuant to a gestational surrogacy
agreement is not genetically related to an intended parent or a donor who
donated to the intended parent or parents, each intended parent, and not the
gestational surrogate or the gestational surrogate's spouse or former spouse,
if any, is a parent of the child, subject to any other claim of paternity.

K. an intended parent is not a parent
of a child conceived by assisted reproduction pursuant to a gestational
surrogacy agreement if the intended parent dies before the transfer of a gamete
or embryo unless both of the following apply:

1. The gestational surrogacy
agreement provides otherwise.

2. The transfer of a gamete or embryo
occurs not later than thirty-six months after the death of the intended
parent, or the birth of the child that is the subject of the gestational
surrogacy agreement occurs not later than forty-five months after the death of
the intended parent.

L. before, on or after the birth of a
child conceived pursuant to a gestational surrogacy agreement, a party to the
gestational surrogacy agreement may file a petition in SUPERIOR COURT for
determination of a parent-child relationship with admissions of maternity or
paternity, as applicable by the intended parents and admissions of nonparentage
by the gestational surrogate and the gestational surrogate's spouse, if any.�
The petition filed pursuant to this subsection shall contain all of the following:

1. A declaration that each intended
parent is a parent of the child and an order that parental rights and duties
vest immediately on the birth of the child conceived pursuant to the
gestational surrogacy agreement exclusively in each intended parent.

2. A declaration that the gestational
surrogate and the gestational surrogate's spouse or former spouse, if any, are
not the parents of the child conceived pursuant to the gestational surrogacy
agreement.

3. A designation of the content of
the birth record and that directs the department of HEALTH services to
designate each intended parent as a parent of the child conceived pursuant to
the gestational surrogacy agreement.

4. A declaration that the court
record is not a public record pursuant to THE RULES OF THE SUPREME COURT.

5. The provisions of the gestational
surrogacy agreement.

6. If necessary, a request that the
child be surrendered to the intended parent or parents.

M. The court may enter an order
pursuant to a petition filed pursuant to subsection L of this section before
the birth of the child conceived pursuant to a gestational surrogacy agreement.
The court shall stay enforcement of the order or judgment until the birth of
the child.� If a child was conceived pursuant to a GESTATIONAL surrogacy
agreement that does not comply WITH THIS SECTION, the court shall determine the
rights and duties of the parties to the gestational surrogacy agreement consistent
with the intent of the parties at the time of the execution of the GESTATIONAL
SURROGACY agreement. Each party to the GESTATIONAL SURROGACY
agreement and any individual who, at the time of the execution of the
GESTATIONAL SURROGACY agreement, was a spouse of a party to the GESTATIONAL
SURROGACY agreement has standing to maintain a proceeding to adjudicate an
issue related to the enforcement of the GESTATIONAL SURROGACY agreement.

N. except as expressly provided in a
GESTATIONAL surrogacy agreement, if the GESTATIONAL SURROGACY agreement is
breached by the gestational surrogate or one or more intended parents, the
nonbreaching party is entitled to all remedies available at law or in equity.
Specific performance that the gestational surrogate be impregnated, terminate
or not terminate a pregnancY or submit to medical procedures is not a remedy
available for breach by a gestational surrogate of a provision in a gestational
surrogacy agreement. if an intended parent is determined to be a parent of the
child, specific performance is a remedy available for BOTH OF THE FOLLOWING:

1. breach of the gestational
surrogacy agreement by a gestational surrogate that prevents the intended
parent from exercising immediately on the birth of the child the full rights of
maternity or paternity.

2. breach by the intended parent that
prevents the intended parent's acceptance, immediately on the birth of the
child conceived PURSUANT TO THE GESTATIONAL SURROGACY agreement, of the duties
of maternity or paternity.

O. A right created under a
gestational surrogacy agreement is not assignable and there is no third-party
beneficiary of a gestational surrogacy agreement other than the child.� If any
of the requirements of this section are not met, a court of competent
jurisdiction shall determine parentage based on the parties' intent.

P. For the purposes of this section:

1. "Assisted
reproduction":

(
a
) Means A method of causing pregnancy through means other
than by sexual intercourse.

(
b
) iNCLUDES:

(
i
) Assisted reproductive technology.

(
ii
) donation
of eggs or sperm.

(
iii
) donation of embryos.

(
iv
) in vitro
fertilization and embryo transfer.

(
v
) Intracytoplasmic sperm injection.

(
vi
) Intrauterine
or intracervical insemination.

2. "Compensation" means
payment of any valuable consideration for time, effort, support, pain or risk.

3. "Donor":�

(
a
) Means an
individual who provides gametes intended for use in assisted reproduction,
whether or not for compensation.

(
b
) Does not
include a person who gives birth to a child conceived by assisted reproduction.

4. "Embryo" means a
fertilized egg that has the potential to develop into a fetus if transferred
into a uterus.

5. "Embryo transfer" or
"transfer" means the placement of an embryo into a uterus.

6. "Gamete" means a cell
that contains a haploid complement of DNA and that has the potential to form an
embryo when combined with another gamete.

7. "Gestational surrogacy
agreement" means an agreement between one or more intended parents and an
individual who is not an intended parent in which the individual agrees to
become pregnant through assisted reproduction.

8. "Gestational surrogate"
means an individual who is not an intended parent and who agrees pursuant to a
geSTATIONAL surrogacy agreement to become pregnant through assisted
reproduction using gametes that are not the person's own.

9. "Intended parent" means
an individual who manifests an intent to be legally bound as a parent of a
child conceived by assisted reproduction.
END_STATUTE

Sec. 3.
Short title

This act may be cited as the
"Family Building Act".