GESTATIONAL SURROGACY LAW ALABAMA

Below is a list of some of the most frequently asked questions about surrogacy in Alabama:

Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Alabama?

Since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable, but it is important to consult with an attorney to assure that this is the case in your particular situation.

Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Alabama?

No. There are no surrogacy laws in Alabama that specifically apply to international intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.​

When do Intended Parents Need to Complete an Adoption After Birth?

In Alabama, the necessity for intended parents to complete an adoption after birth depends on their marital status and genetic relationship to the child:

• Married Couples: If both intended parents are married and at least one has a genetic connection to the child, they can typically obtain a pre-birth parentage order, establishing their legal parental rights before birth. This process usually negates the need for adoption proceedings after the child’s birth.​
• Unmarried Couples: Unmarried intended parents may face challenges in obtaining pre-birth parentage orders. In such cases, the non-genetically related parent would need to pursue a second-parent adoption after the child’s birth to establish legal parental rights.​

Does Alabama Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?

Alabama does not have explicit statutes addressing second-parent adoptions, leading to variability in how courts handle these cases.

What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?

The use of donor gametes in Alabama surrogacy arrangements affects the establishment of parental rights as follows:​

• Married Couples: When married intended parents use donor eggs, sperm, or embryos, they can generally secure a pre-birth parentage order, ensuring their names are on the birth certificate and establishing their legal rights without the need for post-birth adoption.
• Unmarried Couples: For unmarried intended parents utilizing donor gametes, the non-genetically related parent must typically pursue an adoption after birth to establish legal parental rights, as pre-birth orders may not be accessible.

Given the complexities and potential variability in Alabama’s surrogacy and adoption laws, it’s crucial for intended parents to consult with a legal professional experienced in reproductive law to navigate their specific circumstances effectively.