Alabama doesn’t have a formal surrogacy statute, but gestational surrogacy is legally practiced throughout the state.
Whether you're hoping to grow your family or help someone else start theirs, understanding the legal framework for surrogacy in Alabama is a crucial first step.
In this guide, you’ll learn how surrogacy law works in Alabama and how American Surrogacy can support you every step of the way. If you're ready to move forward, reach out to a surrogacy specialist today.
Alabama Surrogacy Laws
While Alabama has no specific statutes that govern gestational surrogacy, it remains a legally accepted and commonly used path to parenthood. Courts typically rely on broader family and parentage laws to address surrogacy-related legal matters.
Because the legal framework isn’t uniform, working with an experienced surrogacy attorney is essential. They can help you navigate the process based on your individual circumstances and your county’s legal practices.
Alabama’s Embryo Laws: What to Know After the 2024 Ruling
In February 2024, the Alabama Supreme Court ruled that frozen embryos are considered children under state law. This decision has significant implications for in vitro fertilization (IVF) and embryo storage.
If you’re considering surrogacy in Alabama and have embryos stored in a fertility clinic, it’s important to understand how this ruling could affect your options. Our team can help you explore alternatives, such as working with a surrogate in a state with clearer IVF protections. We can also help facilitate safe and legal transport of your embryos to an out-of-state clinic if needed.
Is Paid Surrogacy Legal in Alabama?
Yes, paid surrogacy is legal in Alabama. There isn’t a surrogacy law that bans compensation, so intended parents and surrogates are free to enter into compensated agreements.
Curious how surrogate compensation works? Learn more about how much surrogates get paid.
Are Surrogacy Contracts Enforceable in Alabama? Here’s How to Protect Your Rights
Yes, surrogacy contracts are generally enforceable in Alabama. Because there are no state statutes that regulate these agreements, the best way to ensure your contract holds up in court is to work with an experienced surrogacy attorney.
Working with American Surrogacy means you won’t have to navigate this alone. We partner with trusted legal professionals to help protect everyone involved.
What Should Be Included in a Surrogacy Contract?
A strong surrogacy contract is essential to protect your legal rights and peace of mind.
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step with confidence.
When Do I Need a Surrogacy Contract in Alabama?
Your surrogacy contract comes after screening and matching. Once you've matched with your ideal surrogate or intended parents, you'll work with your attorney to draft and finalize the contract. This must be completed before any medical procedures can begin.
Want to know what happens before, during and after the contract phase? Learn more about the surrogacy timeline.
How Will American Surrogacy Support Me During the Contract Stage?
When it comes to your surrogacy legal process, we’re with you at every turn. Our team will help you navigate contract decisions and ensure your surrogacy attorney has everything they need.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be confident that before we even present you with a surrogate’s profile, we’ve already reviewed the surrogacy laws in her state.
LGBTQ+ Surrogacy Laws in Alabama: How to Build Your Family
Alabama does not have surrogacy laws tailored specifically to LGBTQ+ individuals or couples, but that doesn’t mean your journey isn’t possible here.
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Birth certificates: Alabama allows parents to be listed as "Parent" and "Parent."
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Pre-birth orders: Many counties will grant pre-birth orders to married LGBTQ+ couples, even if only one or neither parent is genetically related to the child.
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Second-parent adoption: Some counties allow second-parent adoption for married LGBTQ+ couples. However, if neither parent lives in Alabama, this option may not be available.
No matter what your family looks like, American Surrogacy is here to support your journey.
Abortion Laws in Alabama and Surrogacy Contract Termination Agreements
How do abortion laws affect surrogacy? As of March 2025, Alabama’s abortion laws are among the strictest in the country. Terminations are generally prohibited unless the pregnant person’s life is at risk.
Because surrogacy contracts include specific language about termination, it’s crucial to consider how Alabama’s laws may affect your journey. If your values or needs don’t align with the current legal climate, American Surrogacy can help you match with a surrogate in a state that offers more legal flexibility.
Pre-Birth vs. Post-Birth Orders: Surrogacy Laws for Establishing Parentage in Alabama
In Alabama, establishing legal parentage can be done through either a pre-birth order or a post-birth order, depending on your county and the judge.
Here's what you should know about establishing parentage in Alabama:
Pre-birth orders are more likely to be granted to married couples using their own egg or sperm. If neither intended parent is genetically related to the baby, a post-birth adoption or parentage confirmation may be required. Unmarried couples may face more legal hurdles unless their relationship is recognized as common-law by the court. LGBTQ+ couples have successfully obtained pre-birth orders, but outcomes vary by county.
How to Get a Pre-Birth Order in Alabama
Here's how the process works:
This is when you find the right surrogate for your family’s needs and preferences. This legal agreement outlines roles, responsibilities and protections for all parties. This legal filing secures your parental rights under Alabama law. Around the third trimester, the judge will review your case and, if approved, issue a pre-birth order. Most families receive it within two to four weeks, depending on the county’s processing time.
International Surrogacy Laws
There are no specific Alabama laws regarding international surrogacy, but international intended parents must still follow state legal procedures for parentage.
If you live overseas and want to work with an American surrogate, we’ll help you find the right match.
The Role of a Surrogacy Attorney in Alabama: Why Legal Guidance Matters
A surrogacy attorney is essential for ensuring your legal rights are protected throughout the process, whether you're pursuing parenthood or helping someone else achieve it. They’ll draft or review your surrogacy contract, represent you in court and help you secure parentage.
We partner with experienced surrogacy attorneys across Alabama and can connect you with the right legal professional for your needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Alabama typically range from $5,000 to $15,000. Intended parents are responsible for covering the surrogate’s legal expenses.
At American Surrogacy, we build legal costs into our program fees. This means you won’t need to budget for unexpected expenses.
Find a Surrogacy Attorney Near Me
Here are a few trusted professionals in our network:
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Law Offices of David P. Broome (Mobile): David P. Broome specializes in assisted reproduction, surrogacy, egg donation, sperm donation, embryo donation and LGBTQ+ family formation. He is a recognized member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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Peeples Law (Birmingham): Candace Peeples is a leading surrogacy attorney in Alabama, known for her expertise in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She is also a member of AAAA.
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Kinder Law Firm LLC (Birmingham): Ross Kinder provides legal services in assisted reproduction, egg donation, embryo donation, sperm donation and surrogacy. He is also an AAAA member.
Explore Our Surrogacy Programs in Alabama and Find the Right Fit for Your Journey
We offer three flexible surrogacy programs to fit your needs:
Limited Risk Program
This program is designed to protect your financial investment if your journey experiences setbacks. If your surrogate is disqualified or your embryo transfer isn’t successful, your fees are refunded or credited toward your next attempt.
Foundation Program
This model offers a lower upfront cost with a pay-as-you-go structure. It’s ideal if your first embryo transfer is successful, but it may involve more out-of-pocket expenses if complications arise.
Independent Surrogacy Program
If you’ve already matched with a surrogate, this program allows you to move forward without duplicate screening or unnecessary costs. We’ll handle the rest while providing expert legal guidance and support.
FAQ: Legal Aspects of Surrogacy in Alabama
Are insurance companies required to cover IVF in Alabama?
No. Alabama does not require insurance companies to cover IVF. The states with IVF insurance coverage laws include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Alabama?
Yes. As of 2024, frozen embryos are considered legal children under Alabama law. This impacts the legal rights of frozen embryos and affects how they can be stored, transferred and discarded.
Is traditional surrogacy legal in Alabama?
Yes. There are no laws banning traditional surrogacy in Alabama. However, it’s rarely practiced due to legal and emotional risks.
Do sperm and egg donors have parental rights?
No. Under Alabama Code section 26-17-702, a donor who provides gametes to a licensed physician is not considered the legal parent of any child born through assisted reproduction.
Is there an IVF tax credit?
No specific IVF tax credit exists in Alabama. However, you may be able to deduct qualified medical expenses on your federal tax return if they exceed 7.5% of your income.
Ready to Begin Your Journey?
Whether you're helping someone become a parent or hoping to welcome a baby into your life, you deserve to feel informed and protected. With American Surrogacy, you’ don't have to navigate the legal process alone.
Contact us today to speak with a surrogacy specialist and take the first step toward a safe, supported journey in Alabama.