Surrogacy

Alabama’s laws have not fully kept pace with the advancements in medical technology that assist with fertility and reproductive issues. However, the state does permit the practice of surrogacy, allowing intended parents to use a surrogate to carry and deliver their child.

Here’s a breakdown of Alabama’s laws related to surrogacy and assisted reproductive technology:

1. Surrogacy: Alabama allows surrogacy arrangements, meaning you can legally have someone else carry a pregnancy for you. The state has reserved a section of the law for future updates on surrogacy regulations.

2. Payments for Surrogacy: Alabama law permits certain payments related to surrogacy agreements, such as medical and legal expenses.

3. Proving Maternity: In Alabama, a woman can be legally recognized as a mother either by giving birth to the child or through a court decision (parentage proceeding).

4. Pre-Birth Parentage Orders: These legal orders can establish who the intended parents are before the child is born. These orders are typically granted to single intended parents or married couples. Unmarried couples can only get a pre-birth order for one parent, with the other needing to adopt the child later as a stepparent after marriage.

5. Second-Parent Adoptions: Alabama does not allow second-parent adoptions, where a second parent adopts the child without the parents being married.

6. Genetic Relationship: There are no legal requirements for the embryo used in a pregnancy to be genetically related to the intended parents.

7. Donor Eggs and Sperm: If a married couple uses donor eggs or sperm to conceive, they are legally recognized as the parents of the resulting child. This also applies to single intended parents. The donors do not have any parental rights or obligations.

8. Unmarried Women: If an unmarried woman uses donor sperm to conceive, the donor is not considered the legal father of the child.

Relevant Laws:

• Ala. Code § 26-17-801: Reserved for future surrogacy regulations.

• Ala. Code § 26-10A-34(c) (2019): Allows certain payments in surrogacy agreements.

• Ala. Code § 26-17-201(a) (2019): Details how maternity is determined.

• Ala. Code § 26-10E-26 (2024): Outlines the requirements for stepparent adoption.

• Ala. Code § 26-17-702: Establishes that donors of eggs or sperm are not legal parents.

In summary, Alabama has specific laws that support surrogacy and other assisted reproductive technologies, though some areas, like second-parent adoptions, remain restricted.