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.
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 | 💚 | 💚 | 💚 |
– 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
Birth Certificate Timeline
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
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
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
Birth Certificates
Passport Timeline
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
