Learn About Third-Party Assisted Reproduction & Surrogacy Law in Alabama
Everything you need to know about surrogacy law in Alabama.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Alabama
- Gestational surrogacy is permitted.
- Independent legal representation for all parties is strongly recommended.
- Pre-birth parentage orders may be granted, depending on jurisdiction and case details.
- Non-genetic intended parents establish parental rights through post-birth court proceedings.
- Court involvement is required to finalize parentage orders.
Alabama Surrogacy Law: What You Need to Know
Surrogacy is allowed in Alabama for married and unmarried intended parents, single parents, and same-sex couples. Gestational surrogacy contracts are an important safeguard for all parties. With the right legal guidance, intended parents can navigate the necessary court proceedings to establish parentage and move forward with confidence.
Alabama Surrogacy at a Glance | Compensated Surrogacy | Occurs in practice, but gestational surrogacy contract may be unenforceable |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed - Official marriage typically simplifies the legal process to establish parentage |
| Pre-Birth Parentage Orders | Allowed (dependent on the facts of the surrogacy arrangement and jurisdictional limitations) |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Gestational Surrogacy Contract | Although gestational surrogacy contracts in Alabama are not enforceable, it is highly recommended that all parties sign a gestational surrogacy contract |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy contract |
| Parental Rights for Non-Genetic Intended Parents | Non-Genetic parents are recognized as the parent through post-birth court proceedings |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | If there is a pre-birth order with the follow up post-birth order, intended parents will be placed on their child’s original birth certificate |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.