Gestational Surrogacy in Alabama | Alabama Surrogacy Laws (original) (raw)
Pre-birth Parentage Orders
Courts will generally grant pre-birth orders, but they are considered “interlocutory” orders. Following birth, local counsel requesting a final post-birth order. The final order confirms that the baby was born, that the intended parents are the sole legal parents, and orders Vital Records to issue the birth certificate naming the intended parents as “Parent” and “Parent.”
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
Within 7-10 days of birth, sometimes sooner.
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
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