Assisted Reproductive Technology (ART) has opened the door for individuals and couples to build families in new and meaningful ways. But while the science is advanced, the legal process in Arizona is still evolving—and if you’re using IVF, surrogacy, or donor sperm, early legal planning is critical.
Why Legal Planning Matters
Without legal agreements and court orders, families created through ART can face serious issues like:
What the Law Says
- Disputes over parentage or custody
- Lack of decision-making authority in medical emergencies
- Legal challenges during divorce or separation
At Modern Law, we work with intended parents to ensure every family has the legal structure it needs to thrive.
Key Legal Issues to Address
1. Parentage
Even if you’re raising the child from birth, you may not be considered the legal parent in Arizona unless a court order is in place. This applies to:
- Non-genetic parents in IVF or reciprocal IVF
- Intended parents in surrogacy arrangements
- Partners in same-sex relationships
You may need a pre-birth or post-birth parentage order to secure your rights.
2. Contracts
Each ART path requires a well-drafted legal agreement:
- Surrogacy contracts define medical decisions, compensation, and what happens in the event of complications.
- Donor agreements (sperm or egg) clarify that the donor has no parental rights or obligations.
- Embryo agreements outline future use, storage, and control in case of divorce or death.
Without contracts, you’re at risk for costly disputes later.
3. Birth Certificates
You may assume your name will be listed as a parent on the birth certificate. But in many ART cases, especially with surrogates or non-genetic parents, a court order is required to ensure proper legal recognition.
