Alabama

Surrogacy Law in Alabama

Alabama Surrogacy Law: Types of Surrogacy

In Alabama, the courts are generally 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: can sometimes be provided prior to birth, but conditions vary. Post-birth adoptions are often considered more efficient. When 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 same sex couples
Single parent using own egg or sperm

No

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 (in some counties)
Married same sex couples

No

Whose names go on the birth certificate in Alabama?

Same-sex parents are named on birth certificates as “parent and parent.”
International same-sex male couples can obtain a preliminary birth certificate that names a biological father and gestational surrogate. Later, if desired, an amended birth certificate can be provided with only the biological father (or both fathers), with no mention of the gestational surrogate.

Regarding second parent adoption, Alabama will not allow a non-biological parent in a same-sex couple to obtain second-parent adoption based on a child’s birth in Alabama if neither intended parent lives there. However, they will honor a second parent adoption from another state and amend the birth certificate accordingly.

Surrogacy Conditions for Same-Sex Couples in Alabama

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

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*

* 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.