District of Columbia

Gestational surrogacy: Surrogacy contracts are void under D.C. Code Ann. § 16-402(a), which also makes it criminal to enter into or to assist in forming a surrogate parenting contract. Surrogacy contracts are not written under DC law.

Is pre-birth order possible if doing GS? No.

Who can get a parentage order if doing GS? No one. However, because surrogacy itself is not illegal, courts will grant second-parent adoptions if the birth and underlying surrogacy occurred in another state.

Traditional surrogacy: Prohibited by same statute.

State contact: Diane S. Hinson, dhinson@creativefamilyconnections.com (240) 235-6006

Important Note and Disclaimer: Reproduction Law is continually developing and changing. There is no guarantee that the information on this website is current or correct, therefore. In putting together this 50-state summary, Creative Family Connections LLC has relied on information received from the attorneys listed for each state; Creative Family Connections does not guarantee its accuracy. In any individual case, therefore, you should always confer with an attorney who specializes in this area of law and is licensed to practice in the particular state at issue. As noted below, the information provided on this website is NOT intended to substitute for an attorney's legal counsel in an individual situation.