Is Surrogacy Legal in Alabama?
Surrogacy Law in Alabama
Alabama Surrogacy Law: Types of Surrogacy
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 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 Dunham
Magic City Law, LLC
3918 Montclair Road, Suite 218
Mountain Brook, Alabama 35213
Ph: 205-582-2832
Fax: (205) 730-7181