Gestational Surrogacy Regulations in Alabama

Overview

Gestational Surrogacy is generally permitted in Alabama. While there is no statutory law that expressly permits surrogacy, and courts are typically favorable towards surrogacy arrangements. Code of Ala. §26-17-801 has been reserved for a provision on Gestational Agreements.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
No* (see parentage)
Unmarried same-sex couple:
No* (see parentage)
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
Husband´s/parent´s sperm cannot
Surrogate status:
Resident status:
Yes*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IPs or GC are residents of Alabama there is a basis for venue in Alabama* ´

Embryos

Intended Parents own sperm:
Intended Parents own eggs:
Intended Parents using sperm donor:
Surrogate status:
Intended Parents using egg donor:
Intended Parents using both egg and sperm donor:

Birth of Child

Birth in Alabama:
Birth outside of Alabama:

A pre-birth order declares the intended parents as legal parents of the child, before the child is born. With a pre-birth order, the hospital is required to write the names of the intended parents on the child’s birth certificate.

A post-birth order is issued the same day as the post-birth hearing, after the baby is born. It establishes the intended parents as legal parents of the child and orders that they’re placed on the birth certificate.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, all parties must attend
Post-Birth Orders:
Yes* (post-birth adoptions are considered an easier and more efficient alternative in Alabama to be listed as a parent)

General Information

Will Alabama Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
8 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Alabama Residents:

Traditional Surrogacy in Alabama?

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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.