Maryland
Understanding the Surrogacy Process in Maryland
Maryland supports gestational surrogacy through court practice and case law, welcoming singles, unmarried couples, and LGBTQ+ families, with or without donor gametes or embryos. Courts commonly grant pre-birth parentage orders, though procedures can vary by county and judge, so filings and venue planning matter for timing and vital records.
The state’s highest court implicitly approved gestational surrogacy in In re Roberto d.B. (2007), where the court permitted removal of a gestational carrier’s name from a birth certificate, signaling acceptance of intended parentage by intent.
Compensated traditional surrogacy remains legally risky under a 2000 Attorney General opinion, so most journeys follow the gestational model via IVF. Overall, Maryland offers an inclusive, predictable environment for intended parents and gestational carriers when agreements are properly drafted with independent counsel.
Pre-Birth Parentage Orders in Maryland: Legal Recognition Before Birth
Maryland courts regularly grant pre-birth orders, though practice can vary by venue. Courts typically do not require hearings for these orders, and they can be issued based on the intent of the parties and the connection to Maryland.
The county of the intended parents’ residence, the gestational carrier’s residence, or occasionally the county where the child will be born is typically where the venue is determined. Some courts may allow motions to waive venue, but this depends on the judge’s discretion.
Married heterosexual couples
These couples usually receive pre-birth orders when using their own gametes or donor gametes. The orders are issued when there are proper jurisdictional ties to Maryland and valid contracts.
Unmarried heterosexual couples
These couples are often eligible for pre-birth orders, including cases where donor eggs or sperm are used. There is no marriage requirement, aligning with Maryland’s inclusive policies.
Married same-sex couples
Maryland recognizes married same-sex couples as legal parents via pre-birth orders, regardless of whether there is a genetic link to the child. This reflects the state's commitment to LGBTQ+ rights and inclusion.
Unmarried same-sex couples
Unmarried same-sex couples are often granted pre-birth orders when there is a Maryland nexus (connection to the state) and when valid agreements are in place, including independent legal counsel representation.
Single intended parents
Single individuals are eligible for pre-birth orders when using their own or donor gametes or embryos. This is in line with Maryland’s inclusive approach to family-building.
No genetic link for either parent
Courts in Maryland routinely grant pre-birth orders naming both intended parents, even when neither parent is genetically related to the child. This occurs when the court has clarity regarding the parties’ intent and jurisdictional ties.
Legal Procedures and Timeframes
Kansas typically processes pre-birth parentage orders through a legal hearing. However, the intended parents do not always need to attend the hearing, though their legal representation must be present. Pre-birth orders are possible even if neither the intended parents nor the surrogate resides in Kansas, as long as there is a significant connection to the state.
The state’s vital records department will honor a pre-birth order from another state, but the order must be registered as a foreign judgment. This allows Kansas to issue the birth certificate accordingly.
The typical time frame to obtain a birth certificate after delivery is around 2-3 weeks, though expedited processing is sometimes available to shorten this to 7-10 business days.
Explore the Carrying Dreams Surrogacy Heatmap
Compare Maryland’s inclusive court practices with those of nearby jurisdictions and gain insights into current parentage trends, timelines, and venue notes on our interactive heatmap. This valuable resource allows you to track the latest legal developments, providing a clearer understanding of surrogacy processes across different states. It also helps intended parents make informed decisions about their journey.
If you have any inquiries about the surrogacy laws & process in Maryland, feel free to contact us today.
