A Complete Guide to Surrogacy Law in Maryland

Are you considering surrogacy to start or expand your family in Maryland? This guide provides valuable information about surrogacy law in Maryland and answers your frequently asked questions.

While there are no specific surrogacy laws in Maryland, the state's highest court has implicitly approved gestational surrogacy arrangements, making it surrogacy-friendly. Whether you're single, an unmarried couple, or part of the LGBTQ+ community, Maryland allows gestational surrogacy and provides options to establish parental rights.

Disclaimer: Consult an experienced attorney to navigate the legal processes of your surrogacy journey.

The Legal Landscape of Surrogacy in Maryland

Surrogacy is allowed in the state under case-law and practice. Maryland is an LGBTQ-friendly state, and gestational surrogacy is implicitly approved by the highest court in Maryland. In a ruling from 2007, the court stated that a trial court erred when it refused to allow a Gestational Carrier to remove her name as the “mother” from a birth certificate.

While there are no specific surrogacy laws in Maryland, surrogacy arrangements are typically found enforceable by Maryland courts, although the results and legal processes can vary by judge.

It's important to consult with an experienced attorney to guide you through the surrogacy process in Maryland and ensure that your rights and interests are protected.

Gestational Surrogacy: A Closer Look at Maryland's Approach

Take a closer look at Maryland's approach to gestational surrogacy and understand how it impacts intended parents.

Maryland is a surrogacy-friendly state, although there are no specific surrogacy laws in place. However, the highest court in Maryland has ruled that gestational surrogacy is legal in the state. This means that intended parents can pursue gestational surrogacy arrangements, whether they're singles, unmarried couples, or part of the LGBTQ+ community.

Intended parents in Maryland have the option to obtain a Pre-Birth Order, regardless of their marital status, sexual orientation, or genetic relationship to the child. This allows them to establish legal parentage before the birth of the child, providing them with peace of mind and security.

While there are no state laws governing surrogacy contracts, it's important for intended parents and surrogates to be represented by separate attorneys to protect their rights and interests. This ensures that both parties have legal representation and are aware of their rights and responsibilities throughout the surrogacy process.

Overall, Maryland offers a supportive environment for gestational surrogacy. The legal recognition of gestational surrogacy and the option to obtain a Pre-Birth Order provide intended parents with the necessary legal protections. By requiring separate legal representation for intended parents and surrogates, Maryland aims to ensure that both parties have a clear understanding of their rights and responsibilities.

Understanding Traditional Surrogacy in Maryland

You may find it interesting that traditional surrogacy in Maryland does come with risks, but it's legally allowed in the state. However, it's important to note that the process of traditional surrogacy in Maryland isn't as straightforward as gestational surrogacy.

In 2000, the Maryland Attorney General stated that surrogacy contracts involving the payment of a fee to the birth mother are generally illegal and unenforceable under Maryland law. As a result, the enforceability of a traditional surrogacy contract is uncertain, and the intended mother would have to pursue an adoption to establish her parental rights.

Due to these legal complexities, most attorneys prefer to handle gestational surrogacy cases rather than traditional surrogacy. It's crucial for intended parents considering traditional surrogacy in Maryland to consult with an experienced attorney to understand the potential risks and legal processes involved.

Compensation and Financial Considerations in Surrogacy Contracts

When entering into a surrogacy contract in Maryland, it's important for intended parents to carefully consider and negotiate the compensation and financial terms with their gestational surrogate to ensure a mutually beneficial agreement.

Maryland doesn't have specific surrogacy laws, so the compensation for gestational surrogates is typically determined through negotiations in the surrogacy contract. This includes the base compensation for the surrogate's services, as well as additional compensation for medical expenses, travel expenses, lost wages, and other related costs.

It's essential for both parties to have separate legal representation to protect their rights and interests. By discussing and agreeing upon the compensation and financial terms upfront, intended parents and gestational surrogates can establish a clear understanding and avoid any potential conflicts or misunderstandings throughout the surrogacy journey.

Navigating the Surrogacy Agreement Process in Maryland

To successfully navigate the surrogacy agreement process in Maryland, it's crucial for intended parents to seek guidance from experienced attorneys. Surrogacy laws in Maryland aren't governed by specific statutes, but rather by case law and practice.

The highest court in Maryland implicitly approved gestational surrogacy in 2007, providing a legal framework for intended parents. However, the results and legal processes may vary depending on the judge.

When entering into a surrogacy agreement, it's important for intended parents and their surrogate to be represented by separate lawyers to protect their rights and interests. The surrogacy contract should address rights and responsibilities, potential risks, compensation, and contact expectations.

In Maryland, pre-birth orders are available to establish legal parentage, but post-birth adoptions are an option if a parentage order can't be obtained.

Overall, consulting with experienced attorneys is essential to ensure a smooth surrogacy journey in Maryland.

Frequently Asked Questions

Are There Any Specific Requirements or Qualifications for Becoming a Gestational Surrogate in Maryland?

To become a gestational surrogate in Maryland, you may need to meet certain requirements or qualifications. These can include being of a certain age, having given birth before, and passing medical and psychological evaluations.

Are There Any Restrictions on the Types of Intended Parents Who Can Pursue Surrogacy in Maryland?

No, there are no restrictions on the types of intended parents who can pursue surrogacy in Maryland. In Maryland, gestational surrogacy is legal for singles, unmarried couples, and LGBTQ+ individuals and couples.

Are There Any Limitations on the Number of Embryos That Can Be Transferred During the IVF Process in Maryland?

Yes, there are limitations on the number of embryos that can be transferred during the IVF process in Maryland. The specific limitations vary, but generally, clinics follow guidelines to minimize the risks of multiple pregnancies.

What Role Does the Surrogate's Spouse or Partner Play in the Surrogacy Process in Maryland?

The surrogate's spouse or partner plays a supportive role in the surrogacy process in Maryland. They provide emotional support and may be involved in decision-making, but legal rights and responsibilities are typically limited to the intended parents.

Are There Any Specific Legal Protections in Place for the Rights of the Surrogate in Maryland?

Yes, there are legal protections in place for the rights of the surrogate in Maryland. Although there is no specific surrogacy law, case law from Maryland's highest court implicitly approves gestational surrogacy arrangements.