One of the most confusing aspects of Assisted Reproductive Technology (ART) is determining who the legal parents actually are. In Arizona, genetics don’t always establish legal parenthood—and without proper planning, even loving, committed parents can find themselves unrecognized by the law.
What Determines Legal Parenthood in ART Cases?
Married Heterosexual Couples
If a woman gives birth while married, her spouse is presumed to be the child’s legal parent, regardless of genetic relationship. This applies to many IVF and donor sperm situations.
Same-Sex Couples or Unmarried Partners
In cases where the non-genetic or non-gestational parent is not biologically related to the child, there is no automatic legal recognition—even if they’ve parented the child from day one.
Legal action must be taken to establish parentage, including:
- Step-parent or second-parent adoption
- Parentage orders through the court
- Surrogacy contracts followed by court approval
Surrogacy Arrangements
Under Arizona law, surrogacy contracts are not automatically enforceable, and courts must determine parentage through a legal process.
If a surrogate gives birth, she is the legal mother until a court transfers parental rights to the intended parent(s).
Why This Matters
Without legal parentage, the non-recognized parent:
- Can’t make medical or educational decisions
- May not receive custody in a divorce
- Can’t secure inheritance or benefits for the child
Modern Law works with intended parents at every stage of the ART journey to secure clear, enforceable rights that align with each family’s intent.
