Alabama

Surrogacy Law in Alabama

Alabama Surrogacy Law: Types of Surrogacy

In Alabama, the courts are favorable toward gestational surrogacy. That is to say, no statute or published case law prevents it.

Similarly, the courts are favorable toward traditional (genetic) surrogacy in Alabama; again, no statute or published case law prohibits it.

Are There Surrogate Requirements in Alabama?

No specific legal requirements exist to serve as a gestational surrogate in the state of Alabama.

Does Alabama Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Pre-Birth Orders can sometimes be provided prior to birth, but conditions vary based on the county.  A Post-Birth Order needs to be provided before the couple is discharged from the hospital.  Post-birth adoptions are utilized in counties that do not issue pre-birth orders. When an adoption is authorized pre-birth, they go into effect five days after birth.

Where pre-birth orders are permitted, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm (in some counties)

Married heterosexual couples, using an egg donor or sperm donor (in some countries)

Married same sex couples

Unmarried heterosexual couples, using their own egg and own sperm

Unmarried heterosexual couples, using an egg donor or sperm donor* Single parent using own egg or sperm

No

Unmarried same sex couples*

*Disallowed unless their marriage has been recognized as a common law marriage before January 1, 2017.

Where pre-birth orders are permitted, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

Married heterosexual couples

Married same sex couples

Unmarried heterosexual couples

No

Unmarried same sex couples*

*Disallowed unless their marriage  has been recognized as a common-law union before January 1, 2017.

Whose names go on the birth certificate in Alabama?

Intended Parents are listed on the birth certificate as “parent and parent” if there is a parentage order in place.

Surrogacy Conditions for Same-Sex Couples in Alabama

Married same-sex couples are treated the same as married heterosexual couples. Unmarried same sex couples are the exception to equal treatment. The forms needed in order to create a second parentage determination when the couple is unmarried do not currently exist.

Are There Options for Unmarried Intended Parents in the state of Alabama?

Marriage is not a requirement in order to be listed on a birth certificate. An Acknowledgement of Paternity signed at the hospital is a legal determinative factor of parentage. Also, parentage proceedings to determine non-maternity are normally effective in determining maternity of the child. See Ala. Code § 26-17-201(a) (2019) discussing adjudication of maternity.

Egg Donation Law

As a means to protect the rights of intended parents, AL Code §26-17-702 was written to apply to “donated eggs, sperm or both.” It provides that a donor is not a parent, as long as the donation occurs at a doctor’s office.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Alabama*

AshLeigh Meyer Dunham

Magic City Law, LLC

1927 1st Ave N Suite 601

Birmingham, Alabama 35223

Phone: 205-582-2832

http://www.magiccityfamilylaw.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.