Legal Aspects of Surrogacy - Alabama

In Alabama, the legal framework surrounding surrogacy is somewhat undefined, yet the practice is generally regarded as permissible. This overview aims to shed light on the state's approach to surrogacy, but it should not substitute for professional legal advice. Consulting an experienced surrogacy attorney is crucial for navigating the specifics of your surrogacy journey in Alabama.

Understanding Surrogacy in Alabama: A Closer Look

Legality of Gestational Surrogacy

Gestational surrogacy is not explicitly regulated by Alabama laws, rendering it a legally viable option for family building. This absence of specific prohibitive legislation allows intended parents and surrogates to pursue surrogacy arrangements with reasonable confidence.

Status of Traditional Surrogacy

Traditional surrogacy, where the surrogate is also the biological mother, is presumed legal in Alabama due to the lack of prohibiting statutes. However, the emotional and legal complexities associated with traditional surrogacy make it a less favored option. Many attorneys might hesitate to facilitate such arrangements due to potential complications in establishing legal parentage and the surrogate's rights.

Compensated Surrogacy Agreements

In Alabama, surrogates can legally receive compensation. The specifics of this compensation, which covers various expenses and risks, are detailed in the surrogacy contract agreed upon by the surrogate and the intended parents. Compensation typically includes:

• Medical Expenses: All pregnancy-related medical costs.

• Travel Expenses: Costs for travel to and from medical appointments.

• Living Expenses: Monthly allowances for living expenses during the pregnancy.

• Lost Wages: Compensation for any lost income due to the pregnancy.

• Insurance: Health and life insurance coverage.

• Legal Fees: Costs for independent legal representation for the surrogate.

Drafting a Surrogacy Contract

Without specific state laws to guide surrogacy contracts in Alabama, it is imperative that surrogacy agreements are thoroughly negotiated and drafted by separate attorneys representing the surrogate and the intended parents. These contracts cover a wide range of issues, including:

• Financial Matters: Detailed breakdown of compensation and covered expenses.

• Rights and Responsibilities: Clear definitions of the roles and obligations of each party.

• Potential Risks and Liabilities: Contingency plans for managing any complications.

• Sensitive Issues: Agreements on matters such as selective reduction and pregnancy termination.

• Communication Expectations: Guidelines for interaction and updates throughout the surrogacy process.

Once the contract is mutually agreed upon and signed, the medical process of surrogacy can commence.

Establishing Legal Parentage

The state typically grants pre-birth parentage orders to single parents or married couples with a genetic connection to the child. These orders legally establish the intended parents as the child's legal parents at birth. However, unmarried couples might have to resort to stepparent adoption post-birth to secure parental rights, as second-parent adoptions are not recognized in Alabama.

Same-Sex Surrogacy in Alabama

Legality for Same-Sex Couples: Same-sex couples enjoy the same legal rights as opposite-sex couples in surrogacy arrangements. However, they might require donor assistance for the IVF process, involving the use of donor eggs or sperm.

Additional Considerations: While there are no specific laws targeting same-sex surrogacy, legal complexities can arise. Post-birth adoption may be necessary to establish the non-genetically related parent's rights, especially if both parents cannot be listed on the birth certificate.

Additional FAQs on Alabama Surrogacy

Enforceability of Surrogacy Contracts: While Alabama lacks specific surrogacy laws, surrogacy contracts are generally treated like any other legal contract and presumed enforceable. Legal consultation is advised to ensure enforceability in individual cases.

International Surrogacy Arrangements: International intended parents are subject to the same process as domestic ones in Alabama. However, consulting an immigration lawyer is recommended to navigate the legalities of taking the child to their home country.

Adoption for Non-Biological Parents: In cases where neither intended parent is genetically related to the child or if unmarried, post-birth adoption might be necessary to establish legal parentage. This step ensures that all parental rights are recognized and upheld.

Adoptions for Unmarried Couples: Unmarried intended parents unable to secure pre-birth orders should consider marrying and pursuing stepparent adoption or obtaining a second-parent adoption in another state. Upon return to Alabama, an amendment of the birth certificate may be required to reflect these legal changes.

Donor Egg, Sperm, or Embryo Cases: Married couples using donor gametes or embryos can usually obtain pre-birth orders in Alabama. Unmarried couples might need post-birth adoption for the non-genetically related parent to establish legal parenthood. Alabama law mandates that gamete donors relinquish parental rights prior to embryo transfer, ensuring clarity in parental rights.

Conclusion

While surrogacy is a viable option in Alabama, the lack of specific laws necessitates careful legal planning, especially in cases involving traditional surrogacy, same-sex couples, or situations where neither intended parent is genetically related to the child. Engaging experienced legal counsel is essential to navigate these complexities and ensure that the rights of all parties are protected and upheld. For anyone embarking on a surrogacy journey in Alabama, thorough legal guidance is crucial to a smooth and successful process.