Gestational Surrogacy in Alabama

Alabama Surrogacy Laws

Gestational Surrogacy is permitted in Alabama because no statute or published case law prohibits it.

 

Become a surrogate Become a parent

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.

  • Married heterosexual couple using own egg and own sperm: Yes, in some counties
  • Married heterosexual couple using an egg donor or sperm donor: Yes, in some counties
  • Unmarried heterosexual couple using own egg and own sperm: No, unless their relationship is considered a common-law marriage.
  • Unmarried heterosexual couple using an egg donor or sperm donor: No, unless their relationship is considered a common-law marriage.
  • Married same-sex couple: Yes.
  • Unmarried same-sex couple: Yes
  • Single parent using own egg or sperm: Yes.
  • Married heterosexual couple: Yes, in some counties
  • Unmarried heterosexual couple: No, unless their relationship is considered a common-law marriage.
  • Married same-sex couple: Yes.
  • Unmarried same-sex couple: No.
  • Single parent: Yes.
  • County of the IPs’ residence, the GC’s residence, or the child’s birthplace.
  • Yes
  • Yes, most likely.
  • Yes, and all parties must attend.
  • No
  • Yes
  • 8 weeks is typical, but efforts can be made to expedite the process.

Same-Sex Couple

  • Parent and Parent.
  • Yes.
  • Yes.
  • No
  • Yes

Second Parent & Stepparent Adoptions

Note: This situation typically arises if the child is born outside the state. The parents then return to Alabama to obtain a second parent adoption or stepparent adoption in Alabama.

  • Yes, but the results vary by county.
  • Yes
  • Yes, but not in many counties.
  • Yes

Egg and Sperm Donation

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 in Alabama

Traditional Surrogacy is permitted in Alabama because no statute or published case law prohibits it.

State law information provided by the following attorneys practicing Reproductive Law in this state:

David Broome
Mobile, AL
david@dbroomelaw.com
www.dbroomelaw.com
(251) 432-9933

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.

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