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).
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.
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