Center for Surrogate Parenting, LLC.

Alabama Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Alabama surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the laws of each state, including Alabama surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed several finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Alabama surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Alabama does not have any statutory law or published case law that expressly permits surrogacy. However, the courts are typically favorable towards gestational surrogacy arrangements.

    • Does the state have surrogacy laws and/or case law?

      Although there is no case or statutory law in the state that expressly establishes the legality of surrogacy, there are a few Alabama statutes that discuss surrogacy and the respective rights of the parties.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      The courts are typically favorable towards gestational surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, intended parents can compensate a surrogate for her time and expenses. Compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Yes, but it is highly advised against.

    • Is gestational surrogacy allowed?

      Yes.

    • What are the requirements for an enforceable surrogacy contract?

      Because Alabama has no statutes and very little case law relating to surrogacy arrangements, what’s necessary for an enforceable surrogacy contract varies. However, the intended parents and surrogate (and her spouse, if applicable) should have independent legal counsel.

      The surrogate should also meet general requirements for age, physical and emotional health, English fluency and permanent U.S. residence. She should also pass a full background check and not be receiving any government financial assistance or aid.

    • Are pre-birth and post-birth orders permitted?

      Yes, Alabama courts will typically grant parentage orders that establish the legal rights of the intended parent who shares a genetic relationship with the child and that person’s spouse, if any.

      Unmarried couples may NOT obtain a pre-birth order. Any common law marriages after January 2017 are no longer valid consideration for the granting of a parentage order.

      Additionally, use of an anonymous egg or sperm donor complicates the process for obtaining pre-birth parentage orders in the state.

    • Can both intended parents be declared the legal parents?

      This is highly dependent on the county in which filing occurs. Some counties in Alabama are much more favorable to surrogacy arrangements than others.

      In counties that are more likely to grant parentage orders, both intended parents can be declared the legal parents IF they are married and at least one of them is genetically related to the child.

      If neither parent is genetically related to the child, both parents can be declared the legal parents typically only when they are married to each other. Even then, this is highly dependent on the county where the filing occurs.

    • Will the state honor a pre-birth order issued by another state?

      Yes. Domestication is typically not required.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The timeframe for obtaining a birth certificate after delivery is 8 weeks. Same-sex intended parents are named as Parent and Parent on the birth certificate.

      International same-sex male couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can also subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Yes, but only stepparent adoptions.

    • Are second-parent adoptions permitted?

      No, but Alabama Vital Records will honor a second-parent adoption from another state and add the second parent to the birth certificate.

    • Are stepparent adoptions permitted?

      Yes, if the couple is married and at least one of them is biologically related to the child. Also, the biological intended parent, the adopting stepparent and the child must all have resided in the same home together for at least one year prior to filing.

      The consent to the adoption can be obtained prior to the birth of the child, and it becomes effective five days after the child’s delivery.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.