There are no surrogacy laws in Alabama; however that doesn’t mean that you can’t successfully complete a surrogacy journey in this state. Courts are typically favorable to gestational surrogacy arrangements.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Alabama, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Alabama.
Is Gestational Surrogacy Legal in Alabama?
Yes. Since there are no surrogacy laws prohibiting surrogacy, it is considered leg in Alabama.
Is Traditional Surrogacy Legal in Alabama?
Yes. Similar to gestational surrogacy, there are no laws prohibiting traditional surrogacy so it is presumed to be legal. However, very few surrogate attorneys will complete a traditional surrogacy because it is a more complex process with more legal and emotional risks associated with it.
Is Compensated Surrogacy Legal in Alabama?
Yes. There is no Alabama surrogacy legislation that limits the amount of base compensation a surrogate can receive; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Creating an Alabama Surrogacy Contract
Because there are no surrogacy laws in Alabama, there are no specific legal regulations that must be followed when drafting a Alabama surrogacy contract. However, intended parents and their surrogate must be represented by separate surrogacy attorneys to ensure that both parties their rights and interests are protected. The two attorneys will negotiate an agreement that addresses at least the following:
- 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
Once the contract is finalized, signed by both parties, and executed,the medical process of surrogacy can begin.
Determining Legal Parentage in Alabama
Pre-birth parentage orders will usually be issued to a single intended parent who is biologically related to the child, or to intended parents who are married when at least one shares a genetic connection to the child. Unmarried couples will typically be denied a pre-birth parentage order and must instead secure their parental rights through a stepparent adoption after the child is born and after they have married. Second-parent adoptions are prohibited in Alabama.
Same-Sex Surrogacy in Alabama
Q: Is Same-Sex Surrogacy Legal in Alabama?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Alabama?
A: No. There are no additional laws impacting same-sex parents in this state.
FAQs
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Alabama?
A: 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.
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. 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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
A: Intended parents who are not married will not be granted a parentage declaration regardless of their genetic connection to the child born through surrogacy. Intended parents in this situation will 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: Does Alabama Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: If any unmarried intended parents arent able to obtain pre-birth parentage orders, they would need to get married and complete a stepparent adoption after birth or obtain a second-parent adoption in a different state where that process is permissible. Once they return to Alamaba, the original birth certificate can be amended with this adoption order.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
A: Intended parents who use a donor egg, sperm, or embryo, and are married, will be able to obtain a pre-birth order in Alabama. If a couple is unmarried; however, the non-genetically related intended parent will need to complete an adoption post-birth. Alabama laws 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 doctors office.
REPRODUCTIVE LAW PRACTITIONERS
David Broom
Mobile, AL
david@dbroomlaw.com
(251) 432-9706
James Amber
Huntsville, AL
tara@newbeginningsfamilylaw.com
(256) 518-9529
Drew Whitmire
Birmingham, AL
dwhitm@bellsouth.net
(205) 324-6632
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