Gestational Surrogacy Regulations in Maryland

Overview

Gestational Surrogacy is implicitly permitted by the highest Court’s decision in In re Robert
d.B, 923 A.2d 115 (2007). Surrogacy contracts that involve the payment of a fee to the birth
mother are, in most instances, illegal and unenforceable under Maryland Law. The decision
whether to grant an adoption petition turns on the best interest of the child and, therefore, in
the context of a surrogate adoption, a court may consider the payment of a surrogacy fee to
the extent that it bears on the issue or on related issues such as the voluntariness of the birth
mother’s consent to the adoption and they payment of a surrogacy fee does not by itself bar
approval of an adoption petition. 85 Op. Att’y Gen. 348 (Dec 19, 2000).

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes*
Use of own embryos:
No
Independent legal counsel:
Yes
*the IP(s) and/or the GC must be a resident of Maryland* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Maryland:
Yes
Birth outside of Maryland:
Yes, however, discuss with your legal counsel

Pre-Birth Order are available to any intended Parent in nearly any circumstance. If a
Parentage Order is unable to be obtained, Post-Birth Adoptions are permitted and available.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Maryland Vital Records honor a Pre-Birth Order from another state:
Most likey
What is the typical time frame to obtain a birth certificate after delivery:
4-10 days
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Maryland Residents:

*This situation typically arises if the child is born outside of Maryland. The parents then return to Maryland to obtain a second parent adoption or stepparent adoption in Maryland. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Maryland?

*Traditional Surrogacy is considered a legal risk in Maryland. Please consult with local attorney before moving forward with Traditional Surrogacy.*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.