Maryland recognizes court-ordered parentage in gestational-carrier births, but it has no comprehensive statute setting agreement validity, compensation, or eligibility rules. Pre-birth orders are used in practice, yet the procedure and acceptable factual nexus should be confirmed with counsel familiar with the relevant circuit court.
State surrogacy outlookAvailable with important conditions
What to know about surrogacy in Maryland
A path exists, but eligibility, agreement, genetic, residency, approval, or parentage requirements can materially limit who may use it.
The legal pathway at a glance
01
Agreement and compensation
No Maryland statute comprehensively declares gestational-carrier agreements enforceable or expressly authorizes base compensation. A 2000 Attorney General opinion found compensated traditional-surrogacy arrangements connected to adoption generally unenforceable, but expressly distinguished gestational arrangements and did not decide their validity; practitioners report using compensated gestational agreements, but that practice is not an express statutory authorization.
02
Intended-parent eligibility
Maryland statutes do not impose a gestational-surrogacy-specific marriage or genetic-link requirement. In re Roberto d.B. recognized relief for an unmarried genetic father using a gestational carrier and donor egg; broader configurations depend on current court procedure rather than a detailed eligibility statute.
03
Parentage and birth records
Health-General § 4-208 directs vital records to register the birth according to an attached court order that identifies the parent or parents and the gestational carrier. Practitioners report seeking pre-birth orders when an intended parent or carrier has a Maryland connection; where that route is unavailable or incomplete, post-birth adjudication or adoption may be needed.
Maryland
Important Maryland differences
01
Select venue before matching
Ask Maryland ART counsel which circuit court has jurisdiction and what residence, genetic, or factual connection that court currently requires for a parentage petition.
02
Separate gestational from traditional surrogacy
Do not apply the Attorney General opinion's traditional-surrogacy and adoption-payment analysis as though it conclusively decided gestational-carrier contracts.
03
Document safeguards in the agreement
Because statute supplies no checklist, use separate counsel, medical and psychological screening, insurance review, expense terms, and clear bodily-autonomy provisions before transfer.
Intended parents
How to get started in Maryland
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
1
Confirm the Maryland legal path first
Retain Maryland assisted-reproduction counsel before signing or transferring to confirm circuit-court venue, the current pre-birth-order practice, compensation drafting, and any backup adoption or post-birth proceeding.
2
Confirm who may use that pathway
Maryland statutes do not impose a gestational-surrogacy-specific marriage or genetic-link requirement. In re Roberto d.B. recognized relief for an unmarried genetic father using a gestational carrier and donor egg; broader configurations depend on current court procedure rather than a detailed eligibility statute.
3
Complete screening and contracts before treatment
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. No Maryland statute comprehensively declares gestational-carrier agreements enforceable or expressly authorizes base compensation. A 2000 Attorney General opinion found compensated traditional-surrogacy arrangements connected to adoption generally unenforceable, but expressly distinguished gestational arrangements and did not decide their validity; practitioners report using compensated gestational agreements, but that practice is not an express statutory authorization.
4
Map the parentage and birth-document timeline
Health-General § 4-208 directs vital records to register the birth according to an attached court order that identifies the parent or parents and the gestational carrier. Practitioners report seeking pre-birth orders when an intended parent or carrier has a Maryland connection; where that route is unavailable or incomplete, post-birth adjudication or adoption may be needed.
Last reviewed August 15, 2026
Sources and legal authorities
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
This directory organizes local planning information. A listed location does not by itself establish medical eligibility, program acceptance, or legal approval.
