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While there are many differing state-established surrogacy laws in the United States, there are no surrogacy laws in Alabama. However, that doesn’t mean that you can’t safely and successfully choose this path as a hopeful parent or as a potential surrogate.
In order to navigate the lack of AL surrogacy laws, you’ll simply need to work with experienced surrogacy professionals. That way, everyone involved in your surrogacy journey is protected and advocated for.
If you’re struggling with any legal issues with surrogacy, or if you have any questions about surrogacy law in AL, contact a surrogacy attorney. This guide will offer a better understanding of the rules and regulations of surrogacy in Alabama, but it should not be considered legal advice.
Here are some of the most commonly asked questions about Alabama surrogacy laws:
Yes. There are no Alabama surrogacy laws to restrict the practice, so it’s legal. You’ll need to work with an experienced surrogacy attorney to make sure you and your surrogacy partner’s rights are protected, and your attorneys will walk you through the necessary court processes.
Yes. Again, there are no formal traditional surrogacy laws in Alabama to prohibit the practice, so it’s presumed to be legal. However, there are very few surrogacy professionals that will complete this type of surrogacy because of the increased legal and emotional risks associated with it.
Gestational surrogacy, on the other hand, is the preferred method because of the reduced risk of complications. Similar to traditional surrogacy, there are no gestational surrogacy laws in Alabama, although this type of surrogacy is more commonplace.
Yes. There is no Alabama surrogacy legislation that limits the amount of base compensation a surrogate can receive, so this is something that is established within the surrogacy contract between surrogates and intended parents. Compensation for surrogates often offsets the medical risks they accept, the wages they miss out on at work, surrogacy-related travel expenses, pregnancy- and surrogacy-related costs and more, so the amount can vary based on those expenses.
Yes. Although there are no Alabama surrogacy laws established to specifically protect same-sex couples and LGBT+ individuals, the surrogacy process is the same for them as it would be for any intended parent. The legal process is the same for all intended parents in Alabama. The only difference for most same-sex couples is that you’ll need to work with an egg or sperm donor to complete the IVF process, which not all opposite-sex intended parents will need.
An Alabama surrogacy legal contract is needed for everyone’s protection, even though there aren’t any Alabama surrogacy laws that dictate how contracts must be executed like there are in some states. Surrogacy contracts are completed under the guidance of surrogacy attorneys (one for the intended parents and one for the surrogate). If the surrogate is married, her spouse must usually participate, to legally confirm that he’s not the parent of the children the surrogate carries for the intended parents.
Surrogacy contracts discuss important points like the risks that everyone agrees to, compensation for the surrogate, what would happen in the event of pregnancy complications, the responsibilities that everyone agrees to and more. Only once the contract is finalized can surrogacy partners move on to the medical stage of the process.
The process of establishing legal parentage in a surrogacy situation varies based on the individual circumstances, but your AL surrogacy attorney will be able to walk you through the processes you need to complete.
Alabama courts usually will not issue a pre-birth parentage order to any unmarried couple. So, in order to confirm the legal parental rights for unmarried intended parents, you’ll need to complete a post-birth adoption. You’d also need an adoption in Alabama as an intended parent if you partner with a surrogate who lives in a state that doesn’t permit pre-birth orders.
To learn more about the laws on surrogacy in Alabama that may affect you as you begin your surrogacy journey, either as a parent or a surrogate, contact a surrogacy professional. Everyone’s legal circumstances will be unique, so consult with a surrogacy professional to find out what AL surrogacy laws will be important for you.
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