Surrogacy is legal, protected, and fully supported in Washington D.C.—making it one of the most surrogacy-friendly places in the country. With the right legal steps and guidance, you can start your family with confidence and clarity.
At American Surrogacy, we walk with you through every step of the surrogacy legal process so you never feel uncertain or alone.
When you work with us, you get more than an agency—you gain a team of legal and emotional advocates who know Washington D.C.'s surrogacy laws inside and out.
Contact us online to learn how you can grow your family through surrogacy in Washington D.C.
Washington D.C. Surrogacy Laws
Washington D.C. has one of the most progressive and comprehensive surrogacy frameworks in the country. Surrogacy was legalized and structured under the Collaborative Reproduction Amendment Act of 2016, which outlines:
Enforceable surrogacy contracts Parental rights established before birth Equal access for LGBTQ+ families and individuals Protections for everyone involved in the surrogacy journey
Is Paid Surrogacy Legal in Washington D.C.?
Yes, paid surrogacy is legal. Intended parents may cover all agreed-upon medical and related expenses of the surrogate, including through escrow, cash, or insurance.
Whether you’re an intended parent in the DMV area or across the country, American Surrogacy can help match you with a surrogate in Washington D.C. or any other state where paid surrogacy is permitted.
Are Surrogacy Contracts Enforceable in Washington D.C.?
Yes, surrogacy contracts are fully enforceable—but only when specific legal requirements are met. According to D.C. law, enforceable surrogacy contracts must:
Be signed before embryo transfer Be in writing and signed by both parties (and their partners, if applicable) Clearly state each party’s responsibilities Confirm both parties had independent legal counsel Include financial agreements, including breach or termination contingencies Outline dispute resolution methods Be notarized or signed before two witnesses
We help you meet every one of these requirements, and connect you with experienced surrogacy attorneys who specialize in D.C. law.
Surrogacy Contract Checklist
Here’s what should be included in a surrogacy contract:
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?
When Do I Need a Surrogacy Contract in Washington D.C.?
Surrogacy contracts are created after a match is made but before any medical procedures begin. At American Surrogacy, we only introduce you to surrogate profiles after confirming all parties can legally and safely proceed based on D.C. law.
Where Do I Sign My Surrogacy Contract?
Contracts must be notarized or signed before at least two witnesses. In Washington D.C., you can visit:
- UPS Stores and local banks
- Public libraries offering notary services
- Online legal providers like One Source Process or Same Day Process
How Will American Surrogacy Support Me During the Contract Stage?
With us, you’re never alone. Before you even meet your surrogate, we’ve already confirmed:
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 role is to guide you every step of the way and ensure your agreement is ethical, legal, and enforceable.
LGBTQ+ Surrogacy Laws in Washington D.C.
Washington D.C. is one of the most inclusive jurisdictions for LGBTQ+ families.
Same-sex intended parents can be listed as “Parent” and “Parent” on the birth certificate, and courts allow both second-parent and stepparent adoptions.
Abortion Laws in Washington D.C. and Surrogacy Contract Termination Agreements
D.C. is a protective state for reproductive freedom. Surrogates and intended parents retain full autonomy, and surrogacy contracts must detail how decisions like termination are handled.
For some, this level of freedom is a deciding factor. For others, working with American Surrogacy means we can match you in a state that reflects your values.
Surrogacy Laws for Establishing Parentage in Washington D.C.
D.C. allows both pre-birth and post-birth orders, whether or not intended parents are genetically related to the child.
To qualify for a pre-birth order, at least one party must:
- Reside in D.C. for 1 year, or
- Be a legal resident, or
- Have a child born in the District
Birth certificates are typically issued within 2 weeks if orders are filed 4–6 weeks before delivery.
How to Get a Pre Birth Order in Washington D.C.
- Bases for venue: The intended parent or parents or the surrogate is a legal resident of DC; or the intended parent(s) or the surrogate has actually resided in DC for at least one year preceding the filing of the petition; or the child was born in DC.
- Is a hearing required: No, not anticipated in the statute.
- Time frame to obtain a birth certificate after delivery: 2 weeks (so long as court order was issued 4-6 weeks prior to delivery; otherwise, may take longer)
International Surrogacy Laws
International intended parents can pursue surrogacy in D.C.—you don’t need to be a resident. However, legal help from an immigration attorney is critical to ensure parental rights are recognized in your home country.
American Surrogacy can refer you to trusted professionals with international surrogacy experience.
The Role of a Surrogacy Attorney in Washington D.C.
Your surrogacy attorney will:
- Review and draft your surrogacy contract
- File petitions for parentage
- Ensure state law compliance at every step
We do not provide in-house legal counsel—this protects you from conflicts of interest. Instead, we refer you to experienced local experts.
How Much Does a Surrogacy Attorney Cost?
Costs vary based on your location and professional you work with.
Cost is a common concern for those looking into surrogacy which is why American Surrogacy covers your surrogate’s legal fees and accounts for attorney expenses in your program cost. You don’t have to budget for extra legal costs.
Find a Surrogacy Attorney Near me
- Crockin Law & Policy Group PLLC (Washington DC): Attorney Susan Crockin has continuously represented individual and institutional clients involved in the legal, policy and ethical dimensions of assisted reproductive technology (ART).
- Kinsey Law Group PC (Bethesda – MD, Alexandria – VA): Attorney Nicole K. White is an assisted reproduction and surrogacy lawyer as well as a mother by surrogacy.
- ART Parenting (Potomac – MD): Founder and attorney Meryl B. Rosenberg the surrogacy guidance and legal services for family formation through ART.
Explore Our Surrogacy Programs in Washington D.C.
At American Surrogacy, we offer three unique surrogacy programs tailored to meet your specific needs. Whether you're looking for a full-service experience or already have a surrogate match, we have a program designed to support your journey.
Foundation Program
This is our most comprehensive, full-service option. We manage every aspect of your surrogacy journey—from matching to screening, coordination, legal support, and emotional guidance—so you can focus on becoming a parent.
Limited Risk Program
Ideal for intended parents who want the benefits of agency support with a lower upfront financial commitment. You’ll receive access to our network and services while limiting financial risk early in the process.
Independent Program
This program is designed for intended parents who already have a surrogate but still want the benefit of working with a licensed agency. We’ll provide screening, coordination, and legal resources to help ensure a safe and ethical process.
FAQ: Legal Aspects of Surrogacy in Washington D.C.
Is IVF insurance coverage required in D.C.?
Yes. Starting in 2025, insurers must cover infertility treatment, including three IVF cycles and embryo transfers.
Is an embryo considered a person in D.C.?
No. Embryos are not legally considered persons.
Is traditional surrogacy legal in D.C.?
Yes, with a 48-hour waiting period after birth for parentage orders.
Is there an IVF Tax Credit?
Yes. The IRS allows a special deduction for any amount used for medical expenses that is more than 7.5% of your Adjusted Gross Income (AGI).