Same-Sex Couple Surrogacy Laws
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Gestational Carrier?
Can the non-biological parent in a same-sex couple obtain a second parent adoption when the child is born in Maryland but neither of the Intended Parents lives in Maryland?
If no, will Maryland Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Second Parent & Stepparent Adoptions For Maryland Residents
Note: This situation typically arises if the child is born outside the state. The parents then return to Maryland to obtain a second parent adoption or stepparent adoption in Maryland.
Will courts in Maryland grant second parent adoptions or stepparent adoptions to heterosexual couples living in Maryland?
Does the couple need to be married?
Will courts in Maryland grant second parent adoptions or stepparent adoptions to same-sex couples living in Maryland?
Does the couple need to be married?
Egg and Sperm Donation
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
- 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.