Surrogacy is legal for gay couples in Alabama. Unlike states with restrictive legislation, Alabama has no specific surrogacy statutes. This may seem concerning, but it creates advantages for LGBT couples. Courts operate under common law principles that prioritize intent when it comes to parentage.

This guide covers Alabama’s approach to LGBT surrogacy laws. We’ll walk through pre-birth orders, birth certificate procedures, second-parent adoption requirements, contract protections, agency benefits and how to find an experienced attorney.

Ready to get started? Connect with a surrogacy professional today to begin your Alabama journey.

Establishing Parentage: Can LGBT Couples Get Pre-Birth Orders in Alabama?

Alabama courts grant pre-birth orders to LGBT intended parents under gay surrogacy laws that prioritize parental intent, but these are considered “interlocutory” orders that establish preliminary parentage. Following your baby’s birth, your attorney will request a final post-birth order that confirms the baby was born, that you and your partner are the sole legal parents and directs Vital Records to issue the birth certificate with your names.

This two-step process protects your rights throughout pregnancy and after birth. The pre-birth order gives you hospital access, medical decision-making authority and immediate custody when your baby arrives. The final post-birth order establishes you as the legal parents and triggers birth certificate issuance.

Some Alabama counties are more LGBT-friendly than others. If your county won’t grant a pre-birth order, you may be able to still get a post-birth order. An experienced attorney will know which counties in your area work best for LGBT couples based on where you or your surrogate live.

Alabama requires hearings for pre-birth orders, and all parties must attend these court proceedings, including both intended parents and the gestational surrogate.

How Do Non-Genetic LGBT Parents Gain Legal Recognition in Alabama?

In Alabama, LGBT couples can be declared legal parents even when neither partner is genetically related to the child. Alabama courts prioritize parental intent over biology when couples are married and have solid surrogacy agreements backing their intentions.

For LGBT couples using donors:

• The partner who provided the egg or sperm gains automatic recognition as the genetic parent.
• The other partner can become the second parent through the pre-birth order.
• Both partners can get listed on the birth certificate without adoption requirements.

Alabama courts recognize that modern families come in many forms. Judges look for clear evidence that both partners planned to parent together. Strong surrogacy contracts help prove this, and being married makes your case even stronger.

How Can Unmarried LGBT Couples Become Legal Parents?

Unmarried LGBT couples cannot be declared legal parents in pre-birth orders unless their relationship is considered a common-law marriage under Alabama law.

Here are your options as an unmarried LGBT couple:

• The genetically-related partner can secure pre-birth parentage while the other completes a same-sex parent adoption after surrogacy.
• Both partners can file for parentage recognition after birth by demonstrating shared intent through comprehensive surrogacy contracts.
• Couples who meet Alabama’s requirements for cohabitation, mutual consent to marriage and presenting publicly as spouses may qualify for married couple benefits in surrogacy cases.

Some couples choose to marry during their surrogacy process to streamline parentage establishment. Since Alabama recognizes marriages performed anywhere in the United States, you can marry in any state and still benefit from married couple protections in Alabama surrogacy cases. You can also marry after your baby is born, though you’ll still need to complete the required adoption steps.

Can Single LGBT Individuals Establish Parentage Through Surrogacy?

Yes. If you’re genetically related to your child, you can typically get a pre-birth order as a same-sex couple. You’ll get direct custody at the hospital and a birth certificate in your name only — no adoption needed.

What if you’re using both donor eggs and donor sperm? You can still get a pre-birth order in Alabama. Courts focus on your clear intent to parent as shown in your surrogacy contract. Since Alabama law ensures donors have no parental rights when donations happen through medical facilities, there’s no competing claim to worry about.

What Will the Birth Certificate Look Like as an LGBT Family?

How do birth certificates work for gay couples using surrogacy? LGBT couples in Alabama appear on birth certificates with designations that accommodate their family structure. The specific terminology may vary by county and the language used in your court orders. You may be listed as “Parent and Parent, “Father and Father” or “Mother and Mother.”

How Quickly Can You Receive Your Baby’s Birth Certificate?

You’ll get your birth certificate within seven to 10 days in most Alabama counties. Here’s how it works: Hospital staff get copies of your pre-birth order when your baby is born, they file the birth registration within a day or two and your final birth certificate is ready for pickup or mailing by the end of the first week.

Need it faster? Alabama offers rush processing for about $25 if you have travel plans or other urgent needs. Same-day processing is sometimes possible for real emergencies. Electronic copies often arrive quicker than physical certificates, which helps if you need immediate proof for insurance or medical appointments.

When Is Second-Parent Adoption Required for LGBT Couples?

Despite Alabama’s lack of LGBT surrogacy laws, most married LGBT couples with pre-birth orders don’t need second-parent adoption. Single parents also skip this step since there’s no second parent to recognize.

However, gay parents may need to adopt their own child when:

• Only one unmarried partner received pre-birth recognition
• Pre-birth orders were denied and you’re establishing parentage after birth
• Your home state requires additional confirmation even though Alabama recognizes your parentage

Marriage isn’t required for the adoption process itself, but being married helps you avoid needing adoption in the first place. Out-of-state residents can pursue second-parent adoption in Alabama if their baby is born there, though some counties may have limitations.

How Do Surrogacy Contracts Protect LGBT Couples in Alabama?

Because there aren’t clear surrogacy laws for LGBTQ couples in Alabama, courts rely heavily on contract language for surrogacy decisions. This makes your agreement the foundation of your legal protection. Since Alabama has no specific surrogacy statutes, contracts define everyone’s rights and responsibilities throughout the process.

Essential contract provisions for LGBT couples include:

• Parental Rights Establishment: Clearly name both partners as the intended parents, include language that supports getting a pre-birth order and ensure the surrogate agrees to transfer parental rights.
• Medical Decision-Making Authority: Make sure hospitals keep you informed during pregnancy and that you can authorize medical care for your baby once they’re born.
• Birth and Delivery Protections: You can request to be present at delivery (with your surrogate’s consent) and establish clear custody transfer after birth.

Alabama judges often base parentage decisions entirely on contract language, so well-drafted agreements are crucial for LGBT families seeking legal protection.

Why Should LGBT Couples Work With a Surrogacy Agency?

Surrogacy agencies that help gay couples in Alabama can cut months off your timeline while providing comprehensive legal protection. Here’s what surrogacy agencies offer:

• Faster Matching: Surrogacy agencies maintain networks of pre-screened gestational surrogates who specifically want to work with LGBT families.
• Tailored Legal Expertise: The best agencies partner with Alabama attorneys who understand the nuances of LGBT parentage cases.
• Comprehensive Support: Dedicated case managers understand the specific concerns LGBT couples encounter and ensure you never face emergencies or complex decisions alone.

While independent surrogacy is possible, most LGBT couples find agencies provide better outcomes with significantly less stress and faster timelines.

Who Are the Top LGBT Surrogacy Lawyers in Alabama?

Alabama has several attorneys with proven track records helping LGBT couples navigate LGBT surrogacy laws and the state’s legal requirements.

• David Broome (Mobile): David specializes in assisted reproduction, surrogacy, egg donation, sperm donation, embryo donation and LGBT family formation. He’s a recognized member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
• Candace Peeples (Birmingham): Candace is a leading surrogacy attorney in Alabama. She’s also a member of AAAA.
• Ross Kinder (Birmingham): Ross provides comprehensive services in assisted reproduction and surrogacy law, with particular focus on helping diverse family structures navigate Alabama’s legal landscape.

How Can You Begin the Alabama Surrogacy Process?

Ready to start building your family? Alabama makes surrogacy accessible for LGBT couples and single parents, and you can get the process moving quickly with the right guidance.

Here’s how to get started:

• Step 1: Talk to surrogacy professionals. Schedule consultations with an LGBT surrogacy agency and attorney. This gives you both practical advice and legal protection from day one.
• Step 2: Understand your specific situation. Work with your attorney to figure out exactly how Alabama’s laws apply to you, whether you’re married, unmarried or single.
• Step 3: Start the matching process. Connect with surrogates who genuinely want to help LGBT families build their dreams.

Hundreds of LGBT couples have already built their families in Alabama and other states with surrogacy laws favorable to gay couples. Don’t let uncertainty hold you back when experienced professionals are ready to guide you through every step. Connect with a surrogacy agency today and start your journey toward parenthood.