Gestational Surrogacy in Maryland*

Maryland Surrogacy Laws

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Gestational Surrogacy in Maryland*

The state of Maryland allows for gestational surrogacy under case-law and practice, including for singles, unmarried couples, those using their own gametes or donor egg, sperm, or embryo. Maryland is an LGBTQ-friendly state. Intended Parents are able to obtain a Pre-Birth Order.

Gestational Surrogacy was implicitly approved by the highest court in Maryland in In re Roberto d.B., 923 A.2d 115 (Md. 2007), when it ruled that a trial court erred when it refused to allow a Gestational Carrier to remove her name as the “mother” from a birth certificate. Although the court specified that it was leaving surrogacy policy making to the legislature, the court’s ruling constitutes implicit approval of Gestational Surrogacy in Maryland.

Pre-birth Parentage Orders

The county of the Intended Parents’ residence, the county of the Gestational Carrier’s residence, and (possibly in some courts) the county of the child’s birthplace.

Yes.

Varies by judge.

Unlikely in most courts.

Most likely.

4-10 days, if efforts are made to expedite the process.

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

Married heterosexual couple using own egg and own sperm:

Married heterosexual couple using an egg donor or sperm donor:

Unmarried heterosexual couple using own egg and own sperm:

Unmarried heterosexual couple using an egg donor or sperm donor:

Married same-sex couple using a new donor or sperm donor:

Unmarried same-sex couple using an egg donor or sperm donor:

Single parent using own egg or sperm:

Can both Intended Parents be declared the legal parent in a pre-birth order if no parent is genetically related to the child?

Married heterosexual couple:

Unmarried heterosexual couple:

Same-sex couple:

Single parent:

Same-Sex Couple

Parent and parent.

Yes.

Second Parent & Stepparent Adoptions for Maryland Residents

Yes.

Egg and Sperm Donation

Yes, § 5-1001 of the MD Code excludes gamete donors from the definitions of father and mother.

Traditional Surrogacy in Maryland

Compensated Traditional Surrogacy is legally risky in Maryland. In a 2000 Opinion, the Attorney General concluded that Traditional Surrogacy for compensation violates Maryland adoption law, which prohibits payments to a birth mother other than medical expenses, legal expenses, adoption counseling expenses, and, under very limited circumstances, living expenses. The enforceability of a Traditional Surrogacy contract is therefore 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.

View The Surrogacy Map

State law information provided by the following attorneys practicing Reproductive Law in this state:

Diane Hinson

Diane S. Hinson, Esq.
Creative Family Connections
Chevy Chase, MD
legalteam@creativefamilyconnections.com
(240) 235-6006

Ciara Beaulieu

Ciara Beaulieu, Esq.
Creative Family Connections
Chevy Chase, MD
ciara@creativefamilyconnections.com
(240) 235-6006

Jennifer McGill

Jennifer A. McGill, Esq.
Reproductive Law Center

jennifer@rlcsd.com

(301) 412-1867

Peggy Swain

Peggy Swain
Baltimore, MD
swainlegal@gmail.com
(410) 583-0688

Other attorneys practicing Reproductive Law in this state:

See Why People Choose CFC for Their Surrogacy Journey

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Dana Vanden Boogart03/01/2022

“I was a surrogate with CFC in 2021 and had a wonderful experience working with them. Everyone I had contact with showed care and compassion about every aspect of the process and really made me feel like they cared about me as a person, not just as someone who could carry a child for someone else. I’m truly glad I chose them to work with.”

Chatima Hughes03/01/2022

“I was a first time surrogate with Creative Family Connections, and my experience with CFC was amazing! There aren’t enough words to describe how great this company is. From the very beginning, the recruiters and journey coordinators were wonderful; very helpful and guided me through each step of the process.”

Kristina Jimenez01/01/2022

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”).

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