Gestational Surrogacy was implicitly approved by the highest court in Maryland in In re Roberto d.B. (2003); it is implicitly authorized and permitted in the state pursuant to Maryland published case law. Despite the lack of statutory law on surrogacy, surrogacy arrangements are typically found enforceable by Maryland courts, yet the results and legal processes do tend to vary by judge.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Maryland, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Maryland.
Yes. Currently, there are no surrogacy laws in Maryland. However, in 2007, the Maryland Court of Appeals made a ruling that indirectly approved of gestational surrogacy arrangements. Learn more.
Yes, but the process does come with risks. In 2000, the Maryland Attorney General released an opinion on compensated traditional surrogacy arrangements stating “surrogacy contracts that involve the payment of a fee to the birth mother are, in most instances, illegal and unenforceable under Maryland law.” The enforceability of a traditional surrogacy contract is uncertain, and the Intended Mother would have to pursue an adoption to finalize her parental rights. Consequently, most attorneys will not handle traditional surrogacy cases. Learn more.
Yes. There are no surrogacy laws in Maryland regulating the base compensation that a gestational surrogate can receive for her services; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
There are no state laws that address the process of creating surrogacy agreements in Maryland. However, intended parents and their surrogate must be represented by separate surrogacy lawyers to ensure that the rights and interests of each party are protected. These attorneys will negotiate an agreement that addresses at least the following:
Although it varies by court and can depend on the judge, pre-birth orders are available to intended parents regardless of their marital status, sexual orientation, or genetic relationship to the child. If a parentage order is unable to be obtained, post-birth adoptions are permitted and available to both married and unmarried couples. Learn more.
Below is a list of some of the most frequently asked questions about surrogacy in Maryland:
There are no surrogacy laws in Maryland that address the enforceability of surrogacy contracts. However, since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable. It is important to work with an experienced surrogate attorney to guide you through this process.
Learn more.
No. International intended parents are subject to the same Maryland laws as domestic intended parents. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
If a parentage order is unable to be obtained, post-birth adoptions are permitted and available to all intended parents regardless of their marital status, sexual orientation, or genetic relationship to the child. However, since most all intended parents can obtain a pre-birth parentage order, post-birth adoptions are rarely needed.
Yes. Second-parent adoptions are available in Maryland. Unmarried intended parents who cannot establish their parentage through a parentage order can complete a post-birth adoption. Married intended parents can complete a stepparent adoption.
Since pre-birth orders are available to intended parents regardless of their marital status, sexual orientation, or genetic relationship to the child, intended parents can typically obtain a pre-birth parentage order even if they use a donor egg, sperm, or embryo.
Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
No. There are no additional laws impacting same-sex parents in this state.
Jennifer Fairfax
Silver Spring, MD
JFairfax@jenniferfairfax.com
jenniferfairfax.com
(301) 221-9651
Peter Wiernicki
Rockville, MD
PJW@irw-law.com
(301) 230-2446
Meryl B. Rosenberg
Potomac, MD
Meryl@artparenting.com
artparenting.com
(301) 217-0074
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