Alabama

Surrogacy Is Legal in Alabama
Gestational surrogacy is legal in Alabama, as is altruistic surrogacy. Traditional surrogacy is not permitted. While Alabama does not have an explicit gestational surrogacy statute, it also does not have any prohibiting case law. Therefore, Courts routinely grant pre-birth orders, which are essential for establishing legal parentage, for married couples and single individuals regardless of their sexual orientation. That said, it is important to note that the results can vary by county. In counties where pre-birth orders are not allowed, post birth orders are available.

Understanding Surrogacy Laws in Alabama
Legal Parentage
The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the parentage orders will be completed either pre- or post-birth.

Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the state’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Typically, Intended Parents can secure a pre-birth declaratory judgment in Alabama. In instances where this is not permitted (depending on the county), Intended Parents can acquire pre-birth consent, which takes effect five days after the child’s delivery.

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Alabama permits post-birth orders if the pre-birth process is not possible. This may take the form of an adoption if necessary.

Common Questions About Alabama Surrogacy Law
Do You Need a Medical Need for Surrogacy in Alabama?
Yes, Alabama requires a medical need for surrogacy, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Only married couples and single individuals can pursue surrogacy in Alabama.

Do Intended Parent(s) need a genetic connection to the embryo?
In Alabama, gestational surrogacy is permitted without regard to genetic ties so long as you are a married couple. Single individuals should be genetically related to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Alabama?
International parents can pursue surrogacy in Alabama. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, Alabama allows surrogacy for all individuals regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Alabama. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Alabama?
Yes, either the intended parent or surrogate should reside in Alabama.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
As of January of 2024, Alabama does not have a written law related to surrogate rights, but reputable agencies turn to ASRM for best practices.