Surrogacy offers the dream of parenthood to countless hopeful families — and in Maryland, it’s more than possible. While the state doesn’t have specific statutes regulating surrogacy, its court system has historically supported intended parents, making it a favorable location for many.
With American Surrogacy, you don’t have to navigate this path alone. Our expert team helps families confidently move through every legal requirement — in Maryland and beyond. We’ve helped hundreds become parents, and you could be next.
Maryland Surrogacy Laws: Overview
Maryland does not have specific legislation regulating surrogacy agreements. However, courts in the state have been receptive to establishing parental rights for intended parents through pre-birth and post-birth orders.
- There are no laws prohibiting surrogacy in Maryland.
- Maryland courts have a history of granting pre-birth parentage orders, particularly for gestational surrogacy.
- Traditional surrogacy (where the surrogate is genetically related to the baby) is generally not recommended, and is legally risky.
Is Paid Surrogacy Legal in Maryland?
Yes, compensated surrogacy is permitted in Maryland.
Although there is no statute specifically allowing or disallowing payment to surrogates, commercial surrogacy arrangements are recognized and enforceable when properly drafted and executed. This makes Maryland a supportive state for intended parents and surrogates alike.
At American Surrogacy, we work nationwide — so if Maryland isn’t the right fit for your situation, we can connect you with a surrogate or intended parent in another surrogacy-friendly state.
Learn More About Surrogate Compensation
Are Surrogacy Contracts Enforceable in Maryland?
Yes. Surrogacy contracts are generally recognized and enforceable under Maryland law, particularly when all parties are represented by independent legal counsel and the contract is properly executed.
Maryland courts emphasize:
- Informed consent of all parties
- Financial terms being clearly laid out
- Mental and physical health screenings of the surrogate
American Surrogacy partners only with experienced surrogacy attorneys who understand the nuances of Maryland law, helping ensure that every agreement complies with best legal practices.
Surrogacy Contract Checklist
A strong surrogacy contract should include:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
Our team will walk you through every element — and connect you with a Maryland surrogacy attorney to ensure a smooth process.
When Do I Need a Surrogacy Contract in Maryland?
Typically, the surrogacy contract is finalized after a match is made between intended parents and a surrogate — and before any medical procedures begin.
You’ll work closely with your legal team and your American Surrogacy specialist to craft a contract that protects everyone involved.
Learn more about the surrogacy timeline
How Will American Surrogacy Support Me During the Contract Stage?
From day one, American Surrogacy researches state-specific laws before we even match you with a surrogate. When it’s time to draft the contract, we ensure you:
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Our goal? To make the process seamless, secure, and supportive — for both intended parents and surrogates.
LGBTQ+ Surrogacy Laws in Maryland
Maryland is an LGBTQ+-inclusive state. Courts routinely grant pre-birth orders to same-sex couples, and state law allows both partners to be named on the birth certificate.
Second-parent adoption is not typically required when both intended parents are granted legal parentage through a pre-birth order.
Abortion Laws in Maryland and Surrogacy Contract Termination Agreements
Maryland does not impose significant restrictions on abortion access. This allows greater flexibility in surrogacy agreements when it comes to termination clauses.
Termination decisions — while rare — are a key aspect of every surrogacy contract. It’s important that you and your surrogate agree on your stance prior to finalizing an agreement.
If Maryland’s laws ever become less favorable, American Surrogacy offers options in other states where termination laws align with your values.
Surrogacy Laws for Establishing Parentage in Maryland
Maryland allows pre-birth parentage orders, even for unmarried and same-sex couples, as long as all contract requirements are met.
This means:
- The intended parents’ names appear on the birth certificate from day one
- No post-birth adoption is needed (in most cases)
How to Get a Pre-Birth Order in Maryland
- Hearings are typically not required
- Orders are often granted during the second trimester
- The official birth certificate is issued shortly after delivery
International Surrogacy Laws in Maryland
Maryland law does not explicitly address international surrogacy arrangements. However, many international intended parents work with agencies like American Surrogacy to complete their surrogacy journey here.
The Role of a Surrogacy Attorney in Maryland
A surrogacy attorney:
- Drafts and reviews your contract
- Files for your pre- or post-birth order
- Ensures your legal rights are protected
With American Surrogacy, you’ll be connected to attorneys with extensive Maryland experience — no need to navigate the legal landscape alone.
Let us connect you with a Maryland surrogacy attorney.
How Much Does a Surrogacy Lawyer Cost?
Costs vary, but generally:
- Intended parents pay the surrogate’s legal fees as part of the surrogacy agreement.
- American Surrogacy’s program includes estimated legal costs — no surprise expenses.
Find a Surrogacy Attorney Near You
We can help you find an attorney, or you can look up this local attorney:
Margaret "Peggy" Swain is a Baltimore-based attorney specializing in Assisted Reproductive Technology (ART) Law and Adoption. With a background as a surgical, delivery room, and IVF clinical nurse, she brings a unique perspective to her legal practice. Peggy has been recognized for her contributions to the field, including serving as a fellow and trustee of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) and holding leadership roles within the American Society for Reproductive Medicine (ASRM).
Explore Our Surrogacy Programs in Maryland
At American Surrogacy, we offer three paths to parenthood:
American Surrogacy offers three tailored programs:
Limited Risk Program
Foundation Program
Independent Program
FAQ: Legal Aspects of Surrogacy in Maryland
Q: Are insurance companies required to cover IVF in Maryland?
A: Maryland mandates insurance coverage for IVF in certain plans.
Q: Is an embryo considered a person in Maryland?
A: No. Embryos are treated as property under Maryland law, not legal persons.
Q: Is traditional surrogacy legal in Maryland?
A: Yes, but it's less common due to complex legal implications. Most opt for gestational surrogacy.
Q: Do sperm and egg donors have parental rights?
A: No, as long as proper legal agreements are in place. See Maryland ART laws for guidance.
Q: Is there an IVF Tax Credit in Maryland?
A: No statewide IVF tax credit is currently offered.
Let’s Begin Your Maryland Surrogacy Journey
Surrogacy in Maryland can be a legally sound and emotionally fulfilling process — and American Surrogacy is here to guide you every step of the way. Whether you're just starting out or ready to match with a surrogate, we’ll support you with expert care and compassion.
Surrogacy laws in Maryland are always subject to change, so American Surrogacy makes no guarantee the information on Maryland surrogacy presented in this article is accurate and up-to-date. This article should not be taken as legal advice; instead, please contact a local surrogacy attorney in Maryland for the best legal guidance.