Alabama Surrogacy Laws

There is no Alabama case law or any state statute that prohibits would-be parents from practicing gestational surrogacy or traditional surrogacy within Alabama. As a result, both types of surrogacy are permitted in this state and are practiced throughout cities like Birmingham, Montgomery, and Mobile.

Law Concerning Parentage Orders in Alabama

Alabama allows for its courts to grant pre-birth parentage orders, but results can vary greatly by county. In Jefferson County, Madison County, and Montgomery County, where a number of Alabama’s fertility clinics are, the courts will have more experience granting parentage orders. In places like Choctaw County, this process may be less practiced.

Rather, a post-birth adoption of the child by the intended parents was considered the most efficient means in Alabama for the intended parents to become the legal parents of the child. Consent to the adoption can be obtained prior to the birth of the child and becomes effective five days after the child’s delivery (AL. Code § 26-10A-12 (2017).).

Egg and Sperm Donor Law in Alabama

Under Alabama statute, any sperm or egg donor who donates to a licensed doctor for use by a married woman is deemed not to be the parent of the child conceived by means of assisted reproduction (Alabama Statute, AL. Code § 26-17-702 (2012).).

The married couple who, under the supervision of a doctor or clinic like the ART Fertility Program or The Center for Reproductive Medicine, uses donated eggs or sperm will be treated as if they are the sole natural and legal parents of any child that is conceived as a result of said donation(s) (AL. Code § 26-17-702 (2012).).

Alabama Stepparent and Second-Parent Adoption Law

Alabama statute allows for a stepparent in Alabama to adopt their spouse’s child as long as the stepparent is not only married to one of the biological parents of the child but also provided that the parent, stepparent, and child have all resided in the same home together for at least one year (AL. Code § 26-10A-27 (2016).).

As with pre-birth orders, the success of a stepparent’s or second parent’s application for adoption can vary from county to county within Alabama.

Fertility Clinics in Alabama

Contact Baby Steps Surrogacy Center, Inc.

For help along your surrogacy journey and more information about Alabama surrogacy laws, contact Baby Steps Surrogacy Center, Inc. You can schedule a consultation by giving us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.