Alabama Sperm Donor and Insemination Laws

Alabama Sperm Donor and Insemination Laws

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Alabama Sperm Donor and Insemination Laws



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Alabama state code that pertains to artificial insemination, same-sex marriage and adoption, and sperm donation.

Artificial Insemination and Sperm Donation

Alabama Code - Section 26-17-21: ARTIFICIAL INSEMINATION

Updated 04/18/2013

(a) If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the dates of the insemination, and file the husband's consent with the State Department of Health, where it shall be kept confidential and in a sealed file. However, the physician's failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown. The supervising physician shall not be liable to any person, including the wife, the husband, or a child resulting from an artificial insemination procedure, for the release of any information pertaining to the artificial insemination which occurs through accident, error, omission, inadvertence or the intentional conduct, without malice, of the physician or his agents, servants, or employees.

(b) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived.

(Acts 1984, No. 84-244, p. 375, §21.)

Recognition of Same-Sex Couples

From Wikipedia "LGBT Rights in Alabama"

Since the passage of the Alabama Sanctity of Marriage Amendment by 81% in June 2006, both same-sex marriage and civil unions have been banned by Alabama's state constitution. 

Alabama permits adoption by individuals. State law does not prohibit LGBT person from adopting either singly or as a couple, but no court has ruled in a case that raised the issue.

Some things to consider:

  • The way that the code is worded is specific to married heterosexual couples.
  • Although adoption by same-sex couples is allowed, it may be more difficult and limited than by a legally married couple.

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