What You Need to Know About Surrogacy in Alabama

What You Need to Know About Surrogacy in Alabama

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Alabama Surrogacy Laws and Information

Wherever you’re considering pursuing surrogacy in the United States, it’s always important to fully understand the process before starting — and surrogacy in Alabama is no different.

Like in many other states, there are no surrogacy laws in Alabama. However, this doesn’t mean that surrogacy here is illegal or impossible. On the contrary — many intended parents and surrogates have successfully completed surrogacies in Alabama, and you can, too.

Interested in learning more? We encourage you to speak to a local surrogacy attorney in Alabama and an experienced surrogacy agency before committing to this life-changing journey. American Surrogacy can help by answering whatever questions you might have and referring you to a trusted local Alabama surrogacy attorney for the best legal advice.

In the meantime, learn more about surrogacy laws in Alabama below to determine whether this may be the right path for you.

Q: Is surrogacy legal in Alabama?

A: There are no surrogacy laws in Alabama that prohibit the practice of surrogacy, and the courts are generally favorable toward the surrogacy process. Therefore, when completed properly and efficiently, surrogacy is legal in Alabama.

Q: Is compensated surrogacy legal in Alabama?

A: Yes. There are no surrogacy laws in Alabama that prohibit or restrict the base compensation a surrogate can receive for her services.

Q: Is traditional surrogacy legal in Alabama?

A: Again, because no state law prohibits it, traditional surrogacy is legal in Alabama — although it is often advised against because of the potential legal and emotional risks.

Q: What does a surrogacy agreement in Alabama cover, and how does the legal process work?

A: There are no state regulations when it comes to the process of creating surrogacy agreements in Alabama, which means the practice has been developed and is regulated by local surrogacy attorneys. If you work with an experienced surrogacy attorney, your Alabama surrogacy contract will protect your rights and interests in the surrogacy process.

Intended parents and surrogates will need to work with separate Alabama surrogacy attorneys for the drafting of this legal document. Your attorney will discuss your surrogacy goals and preferences with you, and then negotiate an agreement with the other party’s attorney that addresses:

  • The rights and responsibilities of each party
  • Any potential risks and liabilities, and the steps to take should they occur
  • Surrogate compensation and other financial information, like surrogacy insurance
  • Agreements on sensitive issues like selective reduction and termination
  • And more

Only after this contract is complete can you and your surrogacy partner begin the medical process of surrogacy, as many fertility clinics and medical professionals will require a finalized surrogacy contract before beginning the embryo transfer.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Alabama?

A: While it would be reasonable to assume that surrogacy contracts, like any other legal contract, are enforceable in Alabama when drafted appropriately, please speak with a local surrogacy attorney for legal guidance on this issue.

Q: What are the surrogacy laws in Alabama on parentage orders?

A: Courts often will declare the parentage of the genetic parent, single or married, in an Alabama surrogacy, as well as the non-genetic intended parent who is married to them. Unmarried couples of intended parents, however, cannot obtain a dual pre-birth parentage order. While they may have before if they qualified as a common law marriage, any common law marriages after January 2017 are no longer valid in Alabama and are not considered in the granting of parentage orders.

If you are a member of an unmarried intended parent couple, speak with an Alabama surrogacy attorney for legal guidance on establishing your parental rights.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Alabama?

A: No. There are no surrogacy laws in Alabama that specifically apply to international intended parents.

Q: When do intended parents need to complete an adoption after birth? 

A: Usually, the courts will not issue a parentage declaration to unmarried couples, regardless of their genetic connection to any child born via surrogacy in Alabama. Therefore, intended parents in this situation will likely need to complete an adoption after birth to establish their parental rights.

Q: Does Alabama allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: No, Alabama does not allow second-parent adoptions.

Q: If intended parents cannot complete a second-parent adoption, how can unmarried non-biological intended parents protect their parental rights?

A: Any unmarried intended parents who cannot obtain a pre-birth parentage order in their Alabama surrogacy would either need to get married and complete a stepparent adoption after birth, or obtain a second-parent adoption in another state where the process is allowed. When they return to Alabama, the original birth certificate can then be amended with this adoption order.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: As long as the intended parents are married, those who use a donor gamete in their surrogacy will be able to obtain a pre-birth order in their Alabama surrogacy. However, if a couple is unmarried, the non-genetically related intended parent will need to complete an adoption after birth. For more information regarding your personal circumstances, please speak with a local surrogacy attorney.

Alabama laws do specify that an egg, sperm or embryo donor is not the parent of a child conceived through assisted reproduction, as long as the donation occurs at a doctor’s office.

Q: Are there any additional laws impacting same-sex surrogacy in Alabama?

A: No. LGBT intended parents are subject to the same surrogacy laws in Alabama as any heteronormative intended parents.

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At American Surrogacy, we welcome both intended parents and surrogates from Alabama to our national agency program. Whether you wish to find a surrogacy partner within your home state or in another surrogacy-friendly state, our surrogacy specialists can guide you through every step of the process.

To learn more about how our specialists can assist you through your Alabama surrogacy, please call 1-800-875-2229(BABY) today.

This article is not intended to be and should not be taken as legal advice, as surrogacy laws in Alabama are always subject to change. Please contact an Alabama surrogacy attorney for the most accurate information on surrogacy in this state today.