HB643 • 2026

Surrogacy; child born via surrogacy required to be relinquished directly to an intended parent, probate courts required to confirm identity of intended parents, State Department of Human Resources authorized to adopt rules

Children Healthcare

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Nelson
Last action: 2026-03-19
Official status: Pending Committee Action in House of Origin
Effective date: Not listed

Plain English Breakdown

The bill text states existing law does not authorize, prohibit, or regulate surrogacy; this act adds specific custody procedures without changing the legality of making agreements.

Rules for Surrogacy and Child Custody in Alabama

This bill requires probate courts to confirm the identity of intended parents so that children born via surrogacy are given directly to them, with specific rules for hospitals and temporary custody by the state if needed.

What This Bill Does

Requires probate courts in the county where a child is born to review agreements solely to identify the intended parent or parents.
Mandates that children born via surrogacy be given directly to an intended parent confirmed by the court.
Prohibits giving custody of these newborns to anyone who has not been identified as an intended parent by the probate court.
Requires intended parents to provide a certified copy of the identification order to the hospital or birthing center before receiving the child.
Directs the State Department of Human Resources to temporarily take custody if an intended parent does not appear in person with the required documents.
Allows the State Department of Human Resources to create rules for handling these temporary custody situations.
Requires hospitals, birthing centers, and other labor and delivery facilities to adopt policies ensuring they follow this law.

Who It Names or Affects

Probate courts in counties where children are born via surrogacy
Hospitals, birthing centers, and other facilities offering labor and delivery services
Intended parents of children born through surrogacy arrangements
The State Department of Human Resources

Terms To Know

Surrogate: A person who carries a pregnancy and gives birth to a child for another individual or couple.
Intended parent: The person or people identified in an agreement as the legal parents of a child born via surrogacy, confirmed by the court.
Probate court: A local court that handles matters like wills and estates; under this bill, it confirms who the intended parents are for children born to surrogates.

Limits and Unknowns

The law states it does not limit people's ability to enter into a surrogacy arrangement.
Specific rules regarding temporary custody will be written later by the State Department of Human Resources.
The bill becomes effective on October 1, 2026.

Bill History

2026-03-19 House
Pending Committee Action in House of Origin
2026-03-19 House
Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Surrogacy; child born via surrogacy required to be relinquished directly to an intended parent, probate courts required to confirm identity of intended parents, State Department of Human Resources authorized to adopt rules

Current Bill Text

Read the full stored bill text

HB643 INTRODUCED
Page 0
HB643
9JTWJMB-1
By Representative Nelson
RFD: Judiciary
First Read: 19-Mar-26
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9JTWJMB-1 03/19/2026 GP (L)lg 2026-756
Page 1
First Read: 19-Mar-26
SYNOPSIS:
Existing law does not authorize, prohibit, or
regulate surrogacy.
This bill would require that, if a child is born
to a surrogate in this state, the probate court in that
county shall confirm the identity of the intended
parent or parents and ensure that the child is
relinquished directly to an intended parent.
This bill would require intended parents to
provide a certified copy of the identification order to
the hospital, birthing center, or other facility where
the child is born, and would prohibit a child born via
surrogacy from being relinquished to the custody of any
individual who is not an intended parent identified by
the probate court.
This bill would provide that, if an intended
parent does not physically appear in this state to
retrieve the child, the State Department of Human
Resources shall temporarily assume custody of the child
until such time that an intended parent provides a
certified copy of the identification order and
physically retrieves the child.
This bill would allow the department to adopt
rules.
This bill would also require each hospital,
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HB643 INTRODUCED
Page 2
This bill would also require each hospital,
birthing center, or other facility that offers labor
and delivery services to adopt a policy to ensure
compliance with this bill.
A BILL
TO BE ENTITLED
AN ACT
Relating to surrogacy; to require probate courts to
identify the intended parents of children born to surrogates;
to provide for the custody of children born to surrogates; to
require certain facilities that offer labor and delivery
services to adopt a policy; and to authorize the State
Department of Human Resources to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) If any child is born in this state to a
surrogate, the probate court in the county where the child is
born shall do all of the following:
(1) Review any pre-birth custodial order or other
surrogacy agreement establishing the intended parent or
parents, solely for the purpose of identifying the intended
parent or parents.
(2) Confirm the identity of the intended parent or
parents.
(3) Ensure that the child is given directly to the
custody of an intended parent.
(b) Before a child born to a surrogate may be
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HB643 INTRODUCED
Page 3
(b) Before a child born to a surrogate may be
relinquished to an intended parent, the intended parent shall
provide the hospital, birthing center, or other facility where
the child is born with a certified copy of the order
confirming the identify of the intended parent or parents. No
child born to a surrogate may be relinquished to any
individual who is not confirmed as an intended parent, as
identified pursuant to subsection (a).
(c)(1) If an intended parent does not appear in this
state to physically receive the child, the State Department of
Human Resources shall temporarily take custody of the child,
until such time that an intended parent: (i) provides the
department with a certified copy of the order confirming the
identify of the intended parent or parents; and (ii)
physically retrieves the child from the custody of the
department.
(2) The State Department of Human Resources may adopt
rules to implement this subsection.
(d) Each hospital, birthing center, and any other
facility that offers labor and delivery services in this state
shall adopt a policy to ensure children born to surrogates are
relinquished in compliance with this section.
(e) This section may not be construed to limit the
ability of any individuals in this state to enter into a
surrogacy arrangement.
Section 2. This act shall become effective on October
1, 2026.
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