Surrogacy By State

Alabama Surrogacy Requirements


If you’ve felt called to become a surrogate in Alabama, you’re a rare kind of person with the heart and compassion to help others. But in order to be a surrogate and help people who have been longing for a child, you have to meet a series of surrogate mother requirements. Unlike in some states, Alabama surrogacy laws don’t set these requirements, but rather, your surrogacy professional will.

Important Information About the Alabama In Vitro Fertilization (IVF) Ruling

Update: Alabama Legislation to Pass New Bills Protecting IVF

On February 29, both chambers of the Alabama legislation passed bills designed to protect IVF.

The House and Senate will still need to vote on a unified version before handing it to Alabama Gov. Kay Ivey.

These bills are designed to:

  • Create specific protections that shield patients, doctors and other professionals from prosecution and civil suits in the state.
  • SB 159 provides civil and criminal immunity for death or damage to an embryo to any individual or entity when providing or receiving goods or services related to in vitro fertilization.
  • HB 237 is a companion bill passed by the state house declaring no action, suit or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against an individual or entity.
  • Legislators admit the proposals need further clarification but are designed to be a quick fix to allow the several closed IVF clinics in the state to reopen.

The Alabama Supreme Court Decision

On February 16, the Alabama Supreme Court ruled that embryos created through IVF are considered children.

This comes after 3 couples filed lawsuits against a fertility clinic located inside a hospital after a patient of the hospital entered the fertility clinic’s cryo-preservation unit and opened one of the tanks in December 2020. Because embryos are stored at sub-freezing temperatures, the patient burned himself and dropped the embryos, which hit the ground and were destroyed.

The plaintiff couples brought lawsuits against the fertility clinic and hospital, with the main focus being a violation of the Alabama statute of Wrongful Death of a Minor Act.

At the trial level, a judge ruled that embryos that exist in vitro are not people or children, and this specific case was dismissed. The plaintiff couples appealed to the Alabama Supreme Court, which overturned the judge’s ruling, saying embryos are to be considered children.

Fertility Clinics Pausing Treatments

As a result of the ruling, several fertility clinics have paused IVF treatments due to concerns over far-ranging impacts on healthcare and reproductive technology.

The largest fertility clinic at the University of Alabama in Birmingham is one of the first to pause treatments. Currently, couples receiving treatment have been forced to pause, as well.

The Supreme Court says state legislators are best suited to decide the future of IVF treatments in Alabama.

Alabama Surrogacy Requirements

The information below will teach you more about the common requirements for surrogates in Alabama so you can find out if you meet those surrogate qualifications. Alabama surrogates have the amazing ability to help families, but the requirements are important for protecting surrogates as well as intended parents and babies.

Here are some of the most frequently asked questions about Alabama surrogacy requirements:

“Is There an Age Limit to Being a Surrogate in AL?”

Yes. There are age restrictions for surrogacy in Alabama and everywhere in the U.S., with every surrogacy professional.

One of the first questions that women ask about the surrogacy requirements in Alabama is, “How old do you have to be to be a surrogate mother in Alabama?”

The desire to help people have the children that they’ve been wishing for isn’t limited to women of a specific age. But all surrogacy professionals have an age requirement for surrogates in Alabama (and every state) for an important reason — health and safety. Most surrogacy professionals work with surrogates between about 21 and 40 years old, as women within this age range tend to be most able to adapt to the extreme physical changes of pregnancy, as well as the medical processes of surrogacy.

The age requirements for surrogacy in Alabama (and throughout the U.S.) keep the potential for health and legal risks for everyone involved to a minimum.

“What are the Health Requirements to Be a Surrogate Mother in AL?”

Some women ask about specific health issues and whether or not that issue may keep them from meeting the surrogate health requirements in AL. “Is surrogacy after tubal ligation safe?” “Is there a weight requirement to be a surrogate in Alabama?” “If I’ve had previous pregnancy complications, can I be a surrogate?” “Is surrogacy without previous pregnancy in Alabama possible?”

The surrogate health requirements in Alabama are established by your surrogacy professional, so contact them to learn more about the specifics of your surrogacy program. Generally, surrogates will be asked that they:

  • Have given birth to at least one child
  • Have had no pregnancy or birth complications in the past
  • Not exceed a maximum number of births (vaginally and by cesarean)
  • Be smoke- and drug-free, including exposure to second-hand smoke
  • Have a BMI within about 19–33 (calculate your BMI here)
  • And more

If you’ve met your professional’s initial health criteria to be a surrogate in Alabama, you’ll next need to complete a series of medical screening processes consisting of tests that’ll make sure you’re physically able to complete the medical processes of surrogacy. You’d need to undergo fertility treatments, receive medications, complete embryo transfers and more, so a doctor will need to make sure you’re healthy enough for surrogacy before you begin.

Read more about the health requirements to be a surrogate mother in Alabama and whether or not your specific health issue may impede your surrogacy journey here.

“What are the Mental and Emotional Requirements to Be a Surrogate Mother in Alabama?”

Women often worry about whether or not they meet the mental and emotional criteria for surrogacy in Alabama. They ask, “Can anyone be a surrogate mother in Alabama? How will I know if I’m ready to be a surrogate?”

As you know, pregnancy can be mentally and emotionally draining, as well as physically tough. In addition to the emotions of pregnancy, the surrogacy process can bring its own stressors, so preparing for the emotional journey of surrogacy is one of the qualifications for being a surrogate in Alabama. Like the physical health screening, surrogates will usually need to complete a mental and emotional health screening with their surrogacy professional, which often consists of talking through possible emotions you’ll experience, your past pregnancies and more.

Another requirement for surrogacy in Alabama is a strong emotional support system. Ideally, a surrogate will have a partner or spouse who is there to emotionally support and encourage her through her surrogacy journey, as well as at least one child she’s currently raising, in addition to family, friends and peers whom she can talk to.

“Are there Any Other Requirements for Surrogacy in Alabama?”

Yes. Additional requirements for surrogates in Alabama can vary from one surrogacy professional to the next, so check with your surrogacy program to learn more. Some of the common questions that women have about other surrogacy requirements in AL include, “Who can be a surrogate in Alabama? Will I need a car to get to appointments?” “If I’m on food stamps or government aid, am I eligible to be a surrogate mother in Alabama?”

Some of the most common requirements for surrogates in Alabama (and in most states) will ask that you:

  • Be able to commit to traveling to and attending all surrogacy- and pregnancy-related appointments for at least a year
  • Be fluent in English
  • Be a citizen or permanent resident of the U.S.
  • Submit to background checks
  • Not currently be receiving government financial aid
  • Have the commitment of your spouse (if you’re married) to your surrogacy decision for legal purposes

Do you think you meet the surrogate qualifications? Alabama parents who are dreaming of a child can benefit from your ability and willingness to help. Find out for sure if you meet the qualifications for being a surrogate in AL, and learn how to become a surrogate in Alabama by contacting a surrogacy professional now.

Male and Female couple smiling with surrogate mother
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