Gestational Surrogacy is permitted in Alabama because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? Obtaining a pre-birth order in Alabama is sometimes possible, but outcomes vary by county. Traditionally, post-birth adoptions are considered an easier and more efficient alternative in Alabama, by obtaining pre-birth consent, which then becomes effective five days after delivery.
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue? County of the child’s birthplace
Do results vary by venue? Yes
If yes, are motions to waive venue accepted? Yes, however, the child must be born in Alabama for the courts to have jurisdiction.
Is a hearing required to obtain a pre-birth order? Yes, and all parties must attend.
Is a pre-birth order possible in Alabama based on a Gestational Carrier’s plan to deliver in Alabama, if no party lives in Alabama? No
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 is typical, but efforts can be made to expedite the process.
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, if the Gestational Carrier is unmarried.
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes.
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Alabama (i.e., neither of the Intended Parents lives in Alabama)? No
If no, will Alabama Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
Note: This situation typically arises if the child is born outside of the state. The parents then return to Alabama to obtain a second parent adoption or stepparent adoption in Alabama.
Will courts in Alabama grant second parent or stepparent adoptions to heterosexual couples living in Alabama? Yes, but the results vary by county.
Does the couple need to be married? Yes
Will courts in Alabama grant second parent or stepparent adoptions to same-sex couples living in Alabama? Yes, but not in many counties.
Does the couple need to be married? Yes
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes. AL Code §26-17-702 is written to apply to “donated eggs, sperm or both,” and provides that a donor is not a parent, as long as the donation occurs at a doctor’s office.
Traditional Surrogacy is permitted in Alabama because no statute or published case law prohibits it.
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