What Are the Laws in Alabama Regarding Surrogacy?

I’m often asked by potential clients what the laws are in Alabama regarding surrogacy. The answer is that unfortunately, there are very few laws in Alabama that deal with the issue of surrogate motherhood.

When parties enter into an agreement for a surrogate mother to give birth to a child on behalf of the intended parents, all parties should sign a contract and have the advice of legal counsel. However, there are no statutes in Alabama that require the existence of a surrogacy contract, set forth what must be in the agreement, how the surrogate is to be compensated, or how parentage is to be determined after a baby or babies are born. Thankfully, there is one statute in Alabama that at least exempts contracts related to surrogate motherhood from having the same criminal consequences as offering to pay someone for the placement of a child for adoption or their consent or cooperation in an adoption action.

Alabama Surrogacy Laws

Under Alabama law the “mother” of a child is the woman who gives birth to the child, but Alabama law also allows us to determine who the mother of a child is in much the same way as we can determine who the father of a child is. But, the use of anonymous egg and sperm donors complicates that process even further. Unfortunately for intended parents, this can cause a great deal of confusion and legal difficulties with buttoning up the legal issues surrounding the surrogacy arrangement. However, that is one reason why our firm exists to bring clarity to chaos and to help loving people become parents.

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At New Beginnings Family Law, we understand how stressful and devastating a divorce and child custody issues can be for a family. Our team is committed to providing a caring and comfortable environment where you can feel safe to talk about your case and your goals for the future. You can trust our Huntsville family law attorneys to:

With more than a decade of experience successfully handling all types of family law cases, our team is prepared to guide you through this difficult time and help get you to the place you want to be.

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