The US Surrogacy Law Map™
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.
Gestational Surrogacy is permitted by statute, DC Law 21-0255.
Do courts grant pre-birth parentage orders? Yes, the courts are expected to begin to grant pre-birth parentage orders for Gestational Surrogacy under the new statute. Like other states with statutes permitting surrogacy, e.g., California, the pre-birth order does not become effective until the moment of birth.
What is the typical time frame to obtain a birth certificate after delivery?
What are the bases for venue?
Do results vary by venue?
Is a hearing required to obtain a parentage order?
Is a pre-birth order possible in DC based on a Gestational Carrier’s plan to deliver in DC, if no party lives in DC.?
Will DC Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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 the District of Columbia?
If no, will DC Vital Records give full faith and credit to a second parent adoption order from another state and add the second parent to the birth certificate?
Note: This situation arises if the child is born outside the District of Columbia. The parents then return to the District of Columbia to obtain a second parent adoption or stepparent adoption in the District of Columbia.
Will courts in the District of Columbia grant second parent adoptions or stepparent adoptions to heterosexual couples living in the District of Columbia?
Does the couple need to be married?
Will courts in the District of Columbia grant second parent adoptions or stepparent adoptions to same-sex couples living in the District of Columbia?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, under the new statute, a gamete or embryo donor who is not an intended parent and that donor’s spouse or domestic partner, if any, shall not be the parent or parents of the child, and shall not have any rights, powers, privileges, immunities, duties, or obligations with respect to the child. Sec. 16-407(a)(4).
Traditional Surrogacy is permitted by the new statute. The statute provides that the court’s order of parentage shall not be issued in a Traditional Surrogacy case for at least 48 hours after the birth of the child.
Diane S. Hinson, JD
Creative Family Connections
Chevy Chase, MD
www.creativefamilyconnections.com
diane@creativefamilyconnections.com
(240) 235-6006
Jennifer Ahern, JD
Creative Family Connections
Chevy Chase, MD
www.creativefamilyconnections.com
jennifer@creativefamilyconnections.com
(240) 235-6006
Ciara Beaulieu
Creative Family Connections
Chevy Chase, MD
www.creativefamilyconnections.com
ciara@creativefamilyconnections.com
(240) 235-6006
Jennifer Fairfax
Silver Spring, MD
Chevy Chase, MD
www.jenniferfairfax.com
jfairfax@jenniferfairfax.com
(301) 221-9651
Meryl B. Rosenberg, Esq.
Potomac, MD
Meryl@artparenting.com
http://www.artparenting.com/
Sogand Zamani, Esq.
Washington, D.C.
info@zamaniassociates.com
http://zamaniassociates.com
Law Office of Brian Esser
brian@esserlawoffice.com
www.esserlawoffice.com
Nicole K. White, Esq.
Bethesda and Upper Marlboro, Maryland
nicole@kinseylawgroup.com
http://www.kinseylawgroup.com
The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.
CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.
Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.
The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.
CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.