Maryland Surrogacy Laws

Stance of Courts Toward Surrogacy

Surrogacy is permitted by statute.

 

Intended Parents Marital Status / Establishing Parentage

pre-birth orders are available to any Intended Parent.

Money Permitted?

The Attorney General in 2000 concluded that Traditional Surrogacy for compensation violates Maryland adoption law, which prohibits payments to a birth mother other than medical expenses, legal expenses, adoption counseling expenses, and, under very limited circumstances, living expenses.

Summary of Law

Maryland law allows for enforceable surrogacy agreements and pre-birth orders establishing parentage.

Cases, Additional Info

In re Roberto d.B. (2003) implicitly permits gestational surrogacy, and pre-birth orders are available to any Intended Parent.