Maryland

Surrogacy is legal in Maryland and has been a favorable state for gestational surrogacy following Maryland’s highest court’s decision in In re Roberto d.B. Similar to other states, parties are able to safely practice gestational surrogacy thanks to a favorable court decision (as compared to an explicit statute). Maryland’s highest court implicitly approved gestational surrogacy by determining that a gestational carrier is not required to be listed as the “mother” on the birth certificate of the child thereby leading to having the intended parents exclusively listed. Regardless of marital status, sexual orientation, or genetic connection, intended parents are able to establish their parental rights pre-birth.

Understanding Surrogacy Laws in Maryland
Legal Parentage
Maryland courts have the authority to issue pre-birth orders to married, unmarried couples, and individuals, regardless of whether the intended parents have a genetic connection to the child born through surrogacy. If a pre-birth order is not obtained, Maryland seemingly also permits post-birth orders.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Maryland Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Maryland Surrogacy Law
Do You Need a Medical Need for Surrogacy in Maryland?
Although there is no specific law on this, it is currently best practice to only pursue surrogacy in Maryland if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Maryland permits married, partnered, and unmarried individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?
Intended Parents do not need a genetic connection to the embryo in Maryland.

Can International Intended Parent(s) Pursue Surrogacy in Maryland?
International parents can pursue surrogacy in Maryland. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, Maryland allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Maryland. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey

Are there any residency requirements for either Intended Parent(s) or surrogates in Maryland?
Generally yes as it relates to the Gestational Carrier. Although Intended parents do not need to be Maryland residents to carry out a surrogacy journey in Maryland, Gestational Carriers should reside in Maryland to have sufficient jurisdiction.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
Maryland does not have any written laws relating to the rights of surrogates.