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GESTATIONAL SURROGACY IN MARYLAND

Gestational Surrogacy was implicitly approved by the highest court in Maryland in In re Roberto d.B. (2003), when it ruled that a trial court erred when it refused to allow a Gestational Carrier to remove her name as the “mother” from a birth certificate. Although the court specified that it was leaving surrogacy policy making to the legislature, the court’s ruling constitutes implicit approval of Gestational Surrogacy in Maryland.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Yes, but it varies by court.
 
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using an egg donor or sperm donor: Yes
  • Single parent using own egg or sperm: Yes 


Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Single parent: Yes
  • Same-sex couple: Yes


What are the bases for venue?  The county of the child’s birthplace, the county of the Intended Parents’ residence, the county of the Gestational Carrier’s residence
 
Do results vary by venue?  Yes
 
If yes, are motions to waive venue accepted?  Varies by judge
 
Is a hearing required to obtain a pre-birth order?  No
 
Is a pre-birth order possible in Maryland based on a Gestational Carrier’s plan to deliver in Maryland, if no party lives in Maryland?  Varies by judge
 
Will Maryland Vital Records honor a pre-birth order from another state?  Yes
 
What is the typical time frame to obtain a birth certificate after delivery?  4-10 days, if efforts are made to expedite the process.

Same-Sex Couples

How are same-sex parents named on the final birth certificate?  Parent and Parent
 
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  Yes
 
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?  Yes
 
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Maryland (i.e., neither of the Intended Parents lives in Maryland)?  No
 
If no, will Maryland Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
  Yes

SECOND PARENT & STEPPARENT ADOPTIONS FOR MARYLAND RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Maryland to obtain a second parent adoption or stepparent adoption in Maryland.

Will courts in Maryland grant second parent adoptions or stepparent adoptions to heterosexual couples living in Maryland?  Yes
Does the couple need to be married?  No

 
Will courts in Maryland grant second parent adoptions or stepparent adoptions to same-sex couples living in Maryland?  
Yes
Does the couple need to be married?  No

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No

TRADITIONAL SURROGACY IN DELAWARE

Compensated Traditional Surrogacy is legally risky in Maryland. In a 2000 Opinion, the Attorney General 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. The enforceability of a Traditional Surrogacy contract is therefore uncertain, and the Intended Mother would have to pursue an adoption to finalize her parental rights. Consequently, most attorneys will not handle Traditional Surrogacy cases.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Creative Family Connections
Diane S. Hinson
Chevy Chase, MD
diane@creativefamilyconnections.com
http://www.creativefamilyconnections.com
(240) 235-6006
 
Creative Family Connections
Jennifer Ahern
Chevy Chase, MD
jennifer@creativefamilyconnections.com
http://www.creativefamilyconnections.com
(240) 235-6006
 
Creative Family Connections
Michelle Misler
Chevy Chase, MD
michelle@creativefamilyconnections.com
http://www.creativefamilyconnections.com
(240) 235-6006
 
Peggy Swain
Baltimore, MD
swainlegal@gmail.com
(410) 583-0688
 
Nicole K. White, Esq.
Bethesda and Upper Marlboro, Maryland
nicole@kinseylawgroup.com
http://www.kinseylawgroup.com
 
Other attorneys practicing Reproductive Law in this state:
 
ARTparenting
Meryl B. Rosenberg
Potomac, MD
Meryl@artparenting.com
http://www.artparenting.com/
 
Family Formations
Jennifer Fairfax
Silver Spring, MD
jennifer@jenniferfairfax.com
http://www.jenniferfairfax.com
 
Sherry Leichman, Leichman & Snyder, P.C.
Rockville and Frederick, Maryland
Washington, D.C.
Sherry@LeichmanSnyderLaw.com
http://www.LeichmanSnyderLaw.com/
 
Sogand Zamani, Esq.
info@zamaniassociates.com
www.zamaniassociates.com

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