Who may enter a surrogacy agreement
D.C. Code §16-405 sets eligibility requirements for surrogates and intended parents. Among other requirements, a surrogate must be at least 21, have previously given birth to a live child, complete specified medical and mental-health evaluations, and enter a written agreement.
Agreement requirements and medical autonomy
Section 16-406 requires an enforceable surrogacy agreement to be in writing, executed before embryo transfer or insemination, and to include specified acknowledgments and protections. The statute preserves the surrogate's control and decision-making authority over her own body during pregnancy.
Parentage
Section 16-407 provides that, for a child born through gestational surrogacy that complies with the statutory framework, the intended parent or parents are the legal parent or parents and the gestational surrogate and her spouse or domestic partner are not the legal parents.
What this means for a surrogate
Before signing an agreement or beginning treatment, use independent D.C. reproductive counsel to confirm that the agreement and the parties satisfy the statutory requirements and to review compensation, insurance, medical autonomy and the parentage process.