Alabama

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.

All parties must attend the hearing.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


Acceptance of California Pre-birth order

Yes; however, please send draft to Alabama Dept. of Health for pre-approval.

http://www.alabamapublichealth.gov/vitalrecords/certificates-for-surrogate-birth.html

  • Intended Parents' full legal name (first, middle, last, including birth/maiden name);

  • Intended Parents’ date of birth;

  • Intended Parents’ place of birth (state or country only);

  • Home address at the time of birth;

  • If one or both Intended Parents are female, maiden names should be included.

  • The approximate date and place of delivery of the child;

  • Name and sex of the child (if known); and

  • Marital status of GC.

    http://www.alabamapublichealth.gov/vitalrecords/certificates-for-surrogate-birth.html


Birth Certificates

Timing - Varies by county, but the typical time frame is 6-8 weeks.

Title - Parents can choose to be listed as father, parent, or mother.

GC - If the GC is unmarried, the initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


social security number

The social security number/card may be applied for at the hospital.


statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes.  AL Code §26-17-702 is written to apply to “donated eggs, sperm or both,” and provides that a donor is not a parent, as long as the donation occurs at a doctor’s office.

 
 

Venue

County of the child's birthplace.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Yes.


Electronic signatures / e-notarizaTIONS

Unknown.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.


Of counsel

Amber Yerkey James

New Beginnings Family Law, P.C.

415-E Church Street NW, #10

Huntsville, AL 35801

(256) 518-9529

amber@newbeginningsfamilylaw.com

http://www.newbeginningsfamilylaw.com/