Surrogacy Issues in Divorce

Phoenix and Scottsdale Lawyer Helping With Surrogacy Issues During Divorce

Many parents turn to surrogacy to have children when they are unable to conceive or carry a baby to term. Unfortunately, Arizona laws about surrogacy are complicated and leave many would-be parents and other couples in legal limbo. Even more complicated is how the legal system handles issues related to surrogacy when a couple splits up or seeks a divorce. That is why divorcing couples who have started the surrogacy process must consult with a knowledgeable Arizona attorney who can help them sort through all the issues arising from surrogacy during divorce.

Scottsdale family law attorney Karen A. Schoenau understands the complexities of Arizona surrogacy law. She uses her knowledge to help clients achieve the best outcome possible in a challenging and sensitive situation. In many respects, issues related to surrogacy in divorce can turn out to be like those related to child custody. However, Arizona law treats these issues very differently, causing anguish and confusion that adds to the significant emotional toll of a divorce. Having a knowledgeable and sympathetic family law attorney can help make the process less painful.

Help With Arizona Surrogacy Issues From a Scottsdale Family Law Attorney

Divorce law in Arizona gives frozen embryos to the parent with the best chance of using them successfully—even if the other parent objects. This approach differs from that of other states, most of which require both individuals to agree about how the frozen embryos will be used in the event of divorce. This Arizona law complicates things for divorcing couples who have frozen embryos for future use but then separate.

This law, passed in 2018, determines who can obtain frozen embryos when a couple divorces. Additional provisions include:

  • The party not awarded frozen embryos as part of a divorce has no legal responsibility toward a child created by the embryos and would not be required to pay child support, even if he or she had contributed to the frozen embryos.
  • If one of the parties has a new, younger female partner, that person would usually be awarded the embryos by the court because the new partner would have the better chance of carrying a pregnancy to term.
  • The law supersedes fertility clinic contracts that usually stipulate how frozen embryos will be distributed in the event of divorce or separation.

Navigating surrogacy and divorce issues such as these requires the assistance of a knowledgeable Arizona surrogacy lawyer. Karen A. Schoenau can help.

Why Work With Lawyer Karen A. Schoenau in Scottsdale and Phoenix on Surrogacy Issues?

Scottsdale attorney Karen A. Schoenau is committed to:

  • Working closely with clients so they understand their best options for resolving conflicts related to surrogacy and divorce.
  • Keeping clients informed about the progress of their cases.
  • Helping clients get through the consequences arising from the divorce process.
  • Advocating aggressively for her clients’ best interests in all legal settings.
  • Working hard to help clients obtain the best possible outcomes.

Issues related to surrogacy and divorce can be very challenging, no matter which state you live in. Arizona law almost guarantees that determining who owns an embryo will be both challenging and painful. Attorney Karen A. Schoenau can help you get through it.

Contact Us Today to Discuss Issues Related to Surrogacy and Arizona Divorce

To learn how our Scottsdale law firm can help you resolve issues related to Arizona surrogacy and divorce, schedule an initial consultation with Attorney Karen A. Schoenau. You can make an appointment by calling or by emailing us using the contact form.

Scottsdale attorney Karen A. Schoenau represents clients throughout the metropolitan Phoenix area and the state of Arizona, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, and Gila County.