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Surrogacy Laws in Alabama

Summary: There is no specific law in Alabama that addresses surrogacy. There is one court, however, that has given acknowledgement to non-biological parents’ parental rights within the framework of a surrogacy arrangement.


Explanation: There is no statute anywhere in Alabama law that pointedly addresses surrogacy arrangements’ validity. There are statutes that have to do with “baby-buying” and adoption, but they definitely state that they don’t have any bearing on surrogacy. The courts haven’t addressed surrogacy agreements’ validity. There was a case in 1996 where a husband was arguing for custody, and he said that the wife was not the biological mother, but that he was the only biological contributor because his sperm was given to a surrogate mother. The court rejected his argument, and they awarded her custody in the best interests of the child. This woman was biologically unrelated to the child, but she was still considered the child’s mother by the court. The wife and husband had been part of a traditional surrogacy arrangement, where the surrogate mother has an egg that is inseminated by the father. Even though the surrogacy agreement’s validity was not addressed, the Court look at the wife as the legal parent, but she did not have any genetic relation to the child.



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