Certificates for Surrogate Birth
Court Order Requirements
When a surrogate birth occurs in Alabama, the Center for Health Statistics must be presented an original, final court order determining the child's legal parentage. Upon receipt of the final court order providing the required information, the Center for Health Statistics will prepare a new birth certificate for the child showing the child's name and the name(s) of the legal parent(s). The final court order can be faxed to (334) 206-2733 or (334) 206-2682 by either hospital staff or the attorney for approval.
Required items to be included in the court order are provided below. It is recommended the court order also provide the place of residence (U.S. state and county or foreign country and state/province) of the legal parent(s). If the court order does not provide the residency information of the legal parent(s), it should be included on the request for the new birth certificate.
The court order must state the following:
- The approximate date and place of delivery of the child
- The name and sex of the child, if known
- The name of the surrogate mother and her marital status
- The surrgoate mother and her husband, if she is married, renounce parental rights to the child or parental rights have been terminated
- The full name(s) of the legally established parent(s) of the child, including the last name(s) before first marriage
- The date(s) and place(s) of birth of the legally established parent(s)
- Court instruction that the name(s) of the legally established parent(s) are to be placed on the birth certificate
NOTE: Before the new birth certificate can be prepared and issued, the final court order must be on file with the Center for Health Statistics. If the final court order was never submitted by the hospital or attorney, or the order was not approved by the Center for Health Statistics, the legal parent(s) must provide an acceptable certified (original) copy of the final order before the request for a certified copy can be processed.
How to Obtain a Certified Copy of the New Birth Certificate
- Download and complete the Application to Request an Alabama Birth Certificate After Surrogate Birth. Birth certificates should only be requested by authorized individuals.
- Submit the appropriate fee. The fee to prepare the new birth certificate after a court-ordered action and issue one certified copy of the certificate is $25.00. Additional certified copies of the same record ordered at the same time are $6.00 each. There is an additional fee of $15.00 to expedite a request. Make check or money order payable to "State Board of Health". Please do not send cash. Fees are non-refundable.
- By Mail: Send the completed application, valid identification and appropriate fee to:
Center for Health Statistics
Attn: Parentage Clerk
P.O. Box 5625
Montgomery, Alabama 36103-5625
- In Person in Alabama: You may go to any Alabama county health department (except for Jefferson and Mobile Counties) to obtain a certified copy of the child's new birth certificate. Please note the $25.00 payment must be submitted in a separate check or money order made payable to "State Board of Health". There will be an additional $15.00 fee payable to the county health department to get a certified copy of the certificate the same day.
- By Telephone: You may order a certificate using a debit or credit card by calling a Customer Service Representative at (334) 206-5418. There are additional fees for using this service.
- Ordering a new birth certificate following a surrogate birth cannot be done online.
How to Obtain Apostille and Exemplified Copies of the New Birth Certificate
Apostille and Exemplified copies of vital records are routinely required for foreign use. These copies consist of an Alabama birth certificate signed by the State Registrar and an additional certification signed by the Alabama Secretary of State. When requesting Apostille or Exemplified copies from the Center for Health Statistics, the same restrictions apply as for obtaining birth certificates, and you must provide the country for which the Apostille or Exemplified copy is needed with your request. These documents cannot be requested online or at the Alabama county health departments; they can be requested by mail or telephone (see above instructions) or in person at:
Center for Health Statistics
RSA Tower, 201 Monroe Street
Montgomery, Alabama 36104
There are additional fees for this service. For more information on Apostille and Exemplified documents view Apostille and Exemplified Copies.
If you have any questions regarding surrogate birth certificates, call (334) 206-2714 or (334) 206-2637.
Page last updated: February 21, 2020