Alabama Surrogacy: Laws & Complete Guide
General Surrogacy context in Alabama
- Is gestational and traditional surrogacy legal in Alabama?
- What specific surrogacy requirements apply in Alabama, if any?
- What must be included in a legally valid Alabama surrogacy contract?
- What factors influence the cost of surrogacy in Alabama, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Alabama compared to other states?
- How friendly is LGBTQ+ surrogacy in Alabama?
Is Surrogacy Legal in Alabama?
Yes. Since there are no surrogacy laws prohibiting surrogacy, it is considered leg in Alabama.
Statutory & case-law breakdown In Alabama
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 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
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Alabama
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Alabama
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Alabama?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Alabama
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.
Most Common FAQ about surrogacy in 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.
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.
Surrogacy Agencies & Legal Professionals in Alabama
Looking for a Surrogacy Agency in Alabama?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in
Alabama
as your surrogacy agency.
Find out more about how SurrogateFirst can support in Alabama here:
Looking for a surrogacy attorney in Alabama, Mobile, Huntsville & Birmingham?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Alabama, provided for informational purposes.
David Broom
Mobile, AL
david@dbroomlaw.com
(251) 432-9706
James Amber
Huntsville, AL
tara@newbeginningsfamilylaw.com
Visit New Beginnings Family Law for more details
(256) 518-9529
Drew Whitmire
Birmingham, AL
dwhitm@bellsouth.net
(205) 324-6632
Need some help with Legal Aspects of surrogacy in Alabama?
What is the Surrogacy Process in Alabama?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
