Gestational Surrogacy Regulations in Alabama

Overview

Gestational Surrogacy is generally permitted in Alabama. 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 be used
Surrogate status:
Gestational Surrogacy
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:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Alabama:
Yes
Birth outside of Alabama:
No

Pre-Birth Orders will usually be issued to a single Intended Parent who is biologically related to the child, or to Intended Parents who are married when at least one shares a genetic connection to the child. Unmarried couples will typically be denied a Pre-Birth Order and must instead secure their parental rights though a stepparent adoption after the child is born and after they have married. 

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:

Second Parent adoptions are prohibited in Alabama

Traditional Surrogacy in Alabama?

Traditional Surrogacy is not expressly prohibited in Alabama. Although it may be allowed in Alabama because no statute or published case law prohibits it, it is not the general accepted practice
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