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STATE SURROGACY LAW:

Alabama Surrogacy Laws

Overview

Alabama has no statutes or case law that address gestational or traditional surrogacy, but legal support for surrogacy agreements is found in the version of the Uniform Parentage Act (UPA) that Alabama adopted in 2009 [Alabama (§ 26-17-801)]. The UPA allows for maternity and paternity to be established by the Family Court. 

Prior to 2009, adoption processes were necessary to establish parentage in Alabama, but the new version of the UPA has eliminated this need. However, Alabama adoption code does expressly prohibits placing a child for adoption in exchange for money, which has played into the state’s approach to surrogacy. However, Ala. Code sec. 26- 10A-33, 34 exempts surrogate contract parties from the same consequences as offering to pay someone to place a child for adoption. 

Types of Surrogacy Available in Alabama

Can a parentage order be obtained for the following?

Traditional surrogacy isn’t illegal in Alabama, but parentage must be established through adoption processes. Moreover, attorneys and agencies may advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

NO

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections 💚
One Genetic Connection 💚 💚 💚
No Genetic Connections 💚 💚 💚
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections 💚
One Genetic Connection 💚 💚 💚
No Genetic Connections 💚 💚 💚
Show Court Parentage Order Collapse

💚 – Both Intended Parent(s) can be named on the parentage order

💛 – Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother

Rights of Egg or Sperm Donor(s)

According to AL Code §26-17-702, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child. The statute requires that donation must take place in a licensed physician’s office.

Surrogacy Steps in Alabama

Surrogacy Process in Alabama

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Alabama allows pre-birth orders to be filed. Proceedings begin after the first trimester.

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

30 days

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Although no statutes directly address the matter, gestational and traditional surrogacy contracts in Alabama are recognized and enforced by the state. 

Independent Counsel

Independent counsel is required for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Alabama has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

NO

Although the process is started around the fourth month of pregnancy, pre-birth orders aren’t officially obtained until after birth. At that time, all participants sign consents, medical affidavits are obtained, and the attorney presents them to the court. After the child is born, an official order to issued by the courts. The final order is delivered to Vital Records and they issue a birth certificate with the Intended Parents name on it. 

In Alabama, hearings aren’t required to obtain parentage orders.

Bases of Venue

What are the bases of venue?

County of any party to the case, or the county where child is born

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

YES

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.  

Residency Requirements

Does Alabama have any residency requirements for out-of-state or International Intended Parents?

NO

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

UNKNOWN

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

UNKNOWN

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

UNKNOWN

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 8 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

DAVID BROOME
155 Monroe Street
Mobile, AL 36602
(251) 432-9933
david@dbroomelaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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