Gestational Surrogacy Process in Maryland

Maryland is a surrogacy-friendly state, and therefore a state you may wish to consider for your surrogacy journey. Creative Family Connections is headquartered in Maryland, so we are uniquely situated to assist you in your journey. As both a surrogacy agency and law firm, Creative Family Connections can guide you through every stage of the surrogacy journey.


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How does surrogacy work in Maryland?

Maryland is surrogacy-friendly. Although there is no surrogacy statute, there is case law from Maryland’s highest court that gestational surrogacy is legal in Maryland.

The first step, therefore, from your perspective as an intended parent is being matched with a gestational surrogate, who will carry the baby. The gestational surrogate does not use her eggs, so she is not biologically related to the baby. Traditional surrogacy, where the surrogate is biologically related to the baby, is uncommon in Maryland.

Maryland law can apply if either the gestational surrogate lives in Maryland or if the intended parents live in Maryland. It is important to consult with a surrogacy attorney who can create the best legal plan for a surrogacy journey. In most cases, the gestational carrier agreement will be prepared under Maryland law if a surrogate resides in Maryland. At about 15 weeks, we start initiating the process to seek the parentage court order. We will file a Consent Motion for Parentage on behalf of both the intended parent(s) and the gestational surrogate (and her spouse if applicable), asking the court to declare that the intended parents are the sole legal parents and have all the legal responsibilities for the baby or babies, and the gestational surrogate and her spouse have none. The court will also order the hospital to recognize the intended parents as the medical decision-makers with respect to the child, and will order Vital Records to issue a birth certificate after birth. It is possible for the intended parents to be listed as Parent and Parent.

How long does the surrogacy process take in Maryland?

From start to finish, it may take around 18 months. Timing varies depending on how long the match takes and whether a surrogate pregnancy results from the first embryo transfer or a subsequent transfer. Other factors that play into the length of the process include:

  • How fast it takes to obtain the surrogate’s OB and delivery hospital’s records.
  • How long it takes the IVF Center to review the GC’s application and medical records to give medical clearance.
  • Whether you are committed to a single embryo transfer or are hoping for twins, as fewer surrogates are willing to be matched to intended parents who are trying for twins.
  • How accessible the surrogate’s references are.
  • How quickly the surrogate and her family are available for an in-home interview.
  • How quickly all parties can complete the surrogate contract with their attorneys.
  • How successful the medication cycle is.

The more involved and proactive the gestational surrogate and intended parents are in completing necessary steps, the faster we can move forward. However, certain parts of the process require careful time and attention. Good things take time and cannot be rushed.

Surrogacy screening and matching in Maryland

Finding the right match for a gestational surrogacy journey can play a factor in a journey’s overall success. We want both the parents and the gestational surrogate to feel comfortable and confident in their relationship. One of our mottos is that we never “force a match.”  A lot goes on behind the scenes at Creative Family Connections during our pre-screening process before we are able to present a surrogate candidate to you.

The screening process and the embryo transfer may involve some travel for the gestational surrogate depending on the location of the parents’ preferred IVF clinic. During the embryo transfer, many intended parents like to attend this special day with their gestational surrogate if possible. Surrogates can go to their own preferred OBGYN for appointments during the pregnancy so long as the physician is open to including everyone in the journey. During COVID-19, doctors have become a bit more lenient about intended parents using video conferencing for appointments.

We provide high-touch support to both our intended parents and their gestational surrogate throughout the entire journey. While we are always ready to support you, our strong suit is being proactive by providing support before you even know to ask for it. Other factors to consider during the surrogacy process include:



We set aside funds for mental health services for the gestational surrogate according to each contract.


CFC surrogates all give birth in a hospital, and we help you create a blueprint well in advance so everyone is on the same page, including the staff at the hospital.


Learn about our payment options and ask us any questions before beginning the process.

Finding a surrogate match in Maryland

Are you ready to expand your family with a new baby? Choose Creative Family Connections, and we can help you find the right match for you. Contact us today to learn more about our services in Maryland.

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Learn More About Becoming a Surrogate or Becoming a Parent in Maryland