Same-sex couples are increasingly turning to IVF, donor sperm, and surrogacy to build their families—but Arizona law doesn’t always automatically protect both parents.
To secure legal recognition and protect your child, same-sex partners must take deliberate legal steps.
Common ART Paths for LGBTQ+ Families
- Reciprocal IVF (one partner provides the egg, the other carries the pregnancy)
- Surrogacy with donor sperm or donor eggs
- Co-parenting with a known donor
Legal Challenges You May Face
- Only the gestational or genetic parent is legally recognized at birth
- The non-biological parent may not appear on the birth certificate
- Hospitals and schools may not recognize both parents without legal documentation
How to Secure Legal Parentage
- Step-parent or second-parent adoption: A must for non-biological parents, even in a marriage
- Parentage order (pre- or post-birth): Especially important for surrogacy
- Donor agreements: Clarify the donor’s lack of parental rights and obligations
Why Legal Action Matters
Even in loving, stable families, disputes or emergencies can arise. Without legal parentage:
- The non-recognized parent has no legal rights if the relationship ends
- Your child may be denied benefits or inheritance rights
- Schools, medical providers, and government institutions may refuse to acknowledge both parents
At Modern Law, we understand the unique challenges LGBTQ+ families face and are proud to help ensure every parent and child is protected—legally and emotionally—from day one.
