Gestational surrogacy: Permitted because no statutes prohibit. In Roberto de.B., 814 A.2d 570 (2003), the highest court in Maryland held that the trial court erred in not ordering the issuance of a birth certificate allowing the GC to remove her name as the mother and naming the single dad as only parent.
Is pre-birth order possible if doing GS? Yes.
Who can get a PBO?
- Married couple using own egg and sperm: Yes.
- Married couple using donor: Yes.
- Unmarried couple: Yes
- Single parent: Yes.
- Same-sex couple: Yes.
Is hearing required? No.
Traditional surrogacy: No statute, but lawfulness in doubt: First, an attorney general opinion noted TS violates Maryland baby-selling law, citing numerous adoption cases (in MD, a birth mother cannot receive any payments, even reimbursements); then, the Roberto court cited all the same cases. Nonetheless, TS still exists, though not many attorneys take TS cases.
Do results vary much by county? Yes. Although the Roberto holding was strong, it also contained some pesky dictum. Family courts that are not familiar with this area of the law are sometimes reluctant to grant pre-birth parentage orders in GS cases. Attorneys should proceed strategically.
State contact: Diane S. Hinson, firstname.lastname@example.org (240) 235-6006