This bill proposes significant updates to the current statutes regarding gestational surrogacy in Arizona. It repeals the existing section 25-218 and introduces a new section that outlines specific requirements for both gestational surrogates and intended parents. Key requirements include that both parties must be at least twenty-one years old, have undergone medical and mental health evaluations, and have independent legal representation. The bill also establishes detailed stipulations for the gestational surrogacy agreement, including jurisdictional requirements, the necessity for notarized signatures, and explicit acknowledgments regarding parental rights and responsibilities.

Additionally, the bill clarifies the legal status of intended parents and gestational surrogates, ensuring that intended parents are recognized as the legal parents of the child upon birth, while the gestational surrogate and her spouse are not considered parents. It also addresses the implications of marriage and divorce on the validity of the surrogacy agreement and outlines the process for terminating the agreement prior to embryo transfer. The bill further defines key terms related to assisted reproduction and establishes that rights created under a gestational surrogacy agreement are not assignable, with the child being the only third-party beneficiary. Overall, these changes aim to provide clearer legal frameworks and protections for all parties involved in gestational surrogacy arrangements.

Statutes affected:
Introduced Version: 25-218