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HB643 INTRODUCED
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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
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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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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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(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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