Code of Alabama
Ala. Code § 26-17-707 (2026)
Parental Status of Deceased Spouse.
✓ official Alabama Legislature (ALISON) text, current July 2026
If a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
(Act 2008-376, p. 666, §2.)
Notes of Decisions
Cited in 3
cases, 2009–2014 · leading case: Vernoff Ex Rel. Vernoff v. Astrue, 568 F.3d 1102 (9th Cir. 2009).
Vernoff Ex Rel. Vernoff v. Astrue, 568 F.3d 1102 (9th Cir. 2009). “See Ala.Code § 26-17-707; Colo.Rev.Stat. § 19-4-106(8); Del.”
A.M.E. v. M.W.F., 144 So. 3d 392 (Ala. Civ. App. 2014). “, § 26-17-701 to § 26-17-707,] which resulted in the birth of the child.”
Vernoff v. Astrue (9th Cir. 2009). “9 All other state statutes concerning posthumous conception also support the sound policy determination that the decedent’s consent to the concep- tion is essential, but not always sufficient, to establish parentage or intes- tate eligibility.”
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