The District of Columbia has a detailed collaborative-reproduction law that expressly authorizes enforceable surrogacy agreements. It permits married or unmarried intended parents, does not require a genetic connection for gestational surrogacy, and allows a parentage petition after pregnancy is confirmed.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
A written agreement is enforceable when the parties satisfy D.C. Code requirements, sign before embryo transfer or insemination, and use independent legal counsel. The agreement may cover reasonable medical and ancillary expenses, including compensation for risk, inconvenience, and activity restrictions.
A surrogate must be at least 21, have previously delivered a live child, complete required medical and mental-health evaluations, and participate with the intended parent or parents in a joint mental-health consultation.
For gestational surrogacy, the intended parent or parents are the legal parents regardless of genetics. A parentage petition may be filed in D.C. Superior Court after the pregnancy is confirmed, allowing the legal and birth-document plan to be organized before delivery.
The statute expressly includes a married or unmarried individual and does not limit gestational-surrogacy parentage to intended parents with a genetic connection.
The surrogate, any spouse or domestic partner, and the intended parent or parents must satisfy the agreement rules, with independent attorneys for the surrogate and intended parent side.
An agreement cannot take away the surrogate's authority over decisions concerning their body or the health of the pregnancy.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Ask D.C. assisted-reproduction counsel to confirm that every party satisfies D.C. Code § 16-405 and that the agreement, screening, signatures, witnesses or notarization, and parentage filing are sequenced before treatment.
A surrogate must be at least 21, have previously delivered a live child, complete required medical and mental-health evaluations, and participate with the intended parent or parents in a joint mental-health consultation.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. A written agreement is enforceable when the parties satisfy D.C. Code requirements, sign before embryo transfer or insemination, and use independent legal counsel. The agreement may cover reasonable medical and ancillary expenses, including compensation for risk, inconvenience, and activity restrictions.
For gestational surrogacy, the intended parent or parents are the legal parents regardless of genetics. A parentage petition may be filed in D.C. Superior Court after the pregnancy is confirmed, allowing the legal and birth-document plan to be organized before delivery.
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.
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