House Bill 643 Alabama 2026 Session

Summary

Session

2026 Regular Session

Title

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

Summary

HB643 would regulate surrogacy in Alabama by requiring probate courts to identify the intended parents and ensure the child is relinquished directly to them, with custody rules and hospital policies.

What This Bill Does

If a child is born to a surrogate in Alabama, probate courts must identify and confirm the intended parent(s) and ensure the child is relinquished directly to them. Intended parents must provide a certified copy of the identification order to the hospital, birthing center, or facility where the child is born before relinquishment. A child cannot be relinquished to anyone who is not confirmed as an intended parent; if the intended parent does not appear in state to receive the child, the Department of Human Resources may temporarily take custody until the parent provides the identification order and retrieves the child. The Department of Human Resources and birth facilities would have authority to adopt rules and policies to enforce these requirements.

Who It Affects

• Intended parents named in surrogacy arrangements: must be identified by the probate court and receive the child directly, with a certified order provided to the birth facility.
• Hospitals, birthing centers, and other birth facilities in Alabama: must adopt policies to ensure compliance and cooperate with court and state authorities; they cannot relinquish a child to non-intended individuals.

Key Provisions

• Probate courts in the birth county must identify the intended parent(s) and confirm their identity.
• The child must be relinquished directly to an intended parent.
• Intended parents must provide a certified copy of the identification order to the birth facility before relinquishment.
• If an intended parent does not appear in-state, the Department of Human Resources may temporarily take custody until the order is provided and the child is retrieved.
• The Department of Human Resources may adopt rules to implement the act.
• Hospitals and birth facilities must adopt policies to ensure compliance with the act.
• The act does not limit surrogacy arrangements.
• The act becomes effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 19, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law