Maryland Surrogacy Laws

Maryland Surrogacy Laws

There is no statute or explicit ruling prohibiting the practice of gestational or traditional surrogacy in Maryland. However, in 2003, the highest court in Maryland implicitly approved the practice of gestational surrogacy by ruling that a trial court erred in refusing to remove a gestational carrier’s name as the “mother” on the birth certificate (In re Roberto d.b. (Md. 2000).).

Gestational surrogacy is permitted and practiced throughout Maryland cities like Baltimore, Columbia, and Germantown.

Whether traditional surrogacy is legal in Maryland is unclear. Maryland’s attorney general issued an opinion stating that traditional surrogacy contracts that involve the payment of a fee to a birth mother, other than for costs like medical expenses, legal expenses, and counseling, are illegal and unenforceable under Maryland law (2000 Op. Att’y Gen. No. 2000-035.).  

Laws Concerning Parentage Orders in Maryland

There is no Maryland statute or case law outlining the process or requirements for obtaining a pre-birth parentage order. Maryland health code merely acknowledges that a new Maryland birth certificate can be issued with a valid court order (MD Health-Gen Code §4-211.).

Egg and Sperm Donor Law in Maryland

There is no statute or case law governing the rights, interests, or obligations of a Maryland egg, sperm, or embryo donor; however, there is no prohibition on donor agreements. As a result, the rights, interests, and obligations of an egg, sperm, or embryo donor in Maryland are unclear.

Maryland Stepparent and Second-Parent Adoption Law

Maryland allows for its courts to grant stepparent adoptions to both opposite- and same-sex couples living in the state. Marriage is not a requirement for adoption.

Maryland stepparent adoptions can be granted without the other biological parent’s consent as long as the stepparent has exercised physical care, control, and custody of the child for a minimum of 180 days and the other biological parent has not had custody of the child for at least a year, even though he or she has had the opportunity to do so (In re ADOPTION NO. 90072022/CAD (Md. App. 1991).).

Fertility Clinics in Maryland

Reach Out to Baby Steps Surrogacy Center, Inc.

For more information on Maryland surrogacy laws or any other aspect of surrogacy, speak with Baby Steps Surrogacy Center, Inc. You can contact us by calling 412-281-9906 or reach us through the contact buttons at the top of this page.