Maryland Surrogacy Laws
There are no laws governing surrogacy in Maryland. However, in 2007, in In Re: Roberto d.b., the state’s highest court ruled that a trial court erred when it refused to amend a birth certificate to reflect the Intended Parents’ names in a gestational surrogacy case.
Although this has resulted in an indirect approval of gestational surrogacy, the court made its ruling based on a gender-neutral interpretation of paternity laws rather than family formation laws. Nonetheless, this has successfully been used as grounds for issuing parentage orders and amending birth certificates for over ten years.
However, no such support exists for traditional surrogacy. Compensated traditional surrogacy is generally viewed as an adoption process. Depending on jurisdiction.
Types of Surrogacy Available in Maryland
Can a parentage order be obtained for the following?
Compensated traditional surrogacy is treated as an adoption process in Maryland and parentage orders are not typically issued for these cases, although approach may vary by court. In the case that a parentage order is issued, the genetic Intended Parent would be listed on the birth certificate and the non-genetic Intended Parent would be able to establish parentage via a post-birth adoption after the traditional surrogate terminates her parental rights following the 30-day revocation period.
Although traditional surrogacy isn’t prohibited in Maryland, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
How are Intended Parent(s) Listed on the Birth Certificate?
Intended Parent(s) may be listed as Father-Mother, Parent 1-Parent 2, or Father or Mother
Rights of Egg or Sperm Donor(s)
In Maryland, there are no statutes or case law that address the rights of a sperm, egg, or embryo donor over the gametes or resulting child.
Surrogacy Steps in Maryland
Surrogacy Process in Maryland
Birth Certificate Timeline
Legal and medical steps involved in the gestational carrier process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts in Maryland have been routinely recognized and enforced by its courts.
Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.
Requirements for Surrogates and Intended Parent(s)
Maryland has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.
Bases of Venue
International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
To be added
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019