Limited / fact-dependent framework

Surrogacy laws in Maryland

Maryland does not currently have a comprehensive gestational-surrogacy statute that creates one uniform statewide pathway for agreements and parentage.

What the legal framework looks like

Because Maryland does not have a comprehensive statute specifically governing gestational-surrogacy agreements, parties should not assume that contract formalities or parentage procedures used in another state apply automatically in Maryland.

Parentage procedure

The availability, timing and form of any parentage order should be confirmed with Maryland reproductive counsel for the specific case. A gestational agreement does not by itself guarantee a particular court order or birth-record result.

Agreement and compensation

The agreement should address compensation and expenses, insurance, medical autonomy, legal costs, termination provisions and dispute procedures. Current Maryland law and local procedure should be reviewed before relying on any particular provision.

What this means for a surrogate

Before signing an agreement or beginning treatment, use independent Maryland counsel to confirm the governing law, jurisdiction, parentage strategy and contract terms for the proposed match.

Confirm the legal pathway before you sign.

Use state-specific counsel for the agreement and parentage plan.

Read legal considerations