AL HB643

Probate courts in the county where a surrogate birth occurs must review surrogacy agreements, confirm the identity of intended parents, and ensure the child is transferred directly to an intended parent.

Intended parents must provide a certified copy of the court identification order to the hospital or birthing facility before taking custody of the child.

Children born via surrogacy may only be released to individuals confirmed as intended parents by the probate court.

If no intended parent physically appears in Alabama to retrieve the child, the State Department of Human Resources shall assume temporary custody until an intended parent presents the identification order and retrieves the child in person.

All hospitals, birthing centers, and labor/delivery facilities must adopt policies ensuring compliance with these surrogacy custody requirements; effective date October 1, 2026.