Maryland Surrogacy Laws 2026

Understanding surrogacy laws in Maryland

Choosing surrogacy is a profound and personal decision—one that deserves clarity, compassion, and unwavering support. Maryland surrogacy laws in 2026 continue to offer a welcoming, secure environment for both Intended Parents and Surrogates. While Maryland does not have a specific statute governing surrogacy, its legal landscape is shaped by progressive court decisions and a strong tradition of protecting all parties involved. This means you can feel confident that your journey is supported by a framework prioritizing safety, transparency, and respect.

Maryland stands out for its inclusive approach: both gestational and traditional surrogacy arrangements are recognized, and the state’s courts have consistently upheld the enforceability of surrogacy contracts. Whether you are an Intended Parent hoping to grow your family or a Surrogate ready to give the gift of life, understanding surrogacy laws in Maryland is the first step toward a safe and fulfilling experience.

Types of surrogacy recognized in Maryland

Maryland recognizes two primary forms of surrogacy, each with its own legal and emotional considerations:

Gestational surrogacy

In gestational surrogacy, the Surrogate carries a child conceived using the egg and sperm of the Intended Parents or donors. The Surrogate has no genetic relationship to the child. Maryland courts have consistently supported gestational surrogacy arrangements, making them a popular and secure choice for families.

Traditional surrogacy

Traditional surrogacy involves the Surrogate’s own egg, making her the biological mother of the child. While less common due to its emotional and legal complexities, traditional surrogacy is not prohibited in Maryland. However, it requires careful legal guidance to ensure everyone’s rights and intentions are clearly protected.

Both types of surrogacy are legal and accessible in Maryland, giving families and Surrogates the freedom to choose the path that best fits their needs and values. These options reflect Maryland’s commitment to inclusivity and respect for diverse family-building journeys.

Eligibility requirements for Intended Parents and Surrogates

Maryland’s surrogacy process is designed to protect the well-being of all participants. While there is no single statute outlining eligibility, best practices—supported by Maryland courts and leading agencies—ensure that only qualified, prepared individuals participate in surrogacy arrangements.

Intended Parents

• Marital status: Both married and unmarried individuals or couples are eligible.
• Sexual orientation: Maryland welcomes all Intended Parents, regardless of sexual orientation or gender identity.
• Age: While there is no strict legal minimum, most agencies recommend Intended Parents be at least 21 years old.
• Medical necessity: Intended Parents typically must demonstrate a medical or other compelling reason for pursuing surrogacy.

Surrogates

• Age: Most agencies require Surrogates to be between 21 and 40 years old.
• Health: Surrogates must undergo comprehensive medical and psychological screening to ensure they are physically and emotionally prepared.
• Previous pregnancy: Surrogates should have had at least one healthy pregnancy and delivery.
• Lifestyle: Non-smokers with stable living environments are preferred.
• Legal residency: Surrogates must be legal residents of the United States.

These safeguards are in place to protect and support everyone involved, ensuring that the surrogacy journey is as safe, positive, and rewarding as possible.

Establishing parentage and legal rights in Maryland

One of the most reassuring aspects of Maryland surrogacy laws is the clear, court-supported process for establishing parentage. This means Intended Parents can secure their legal rights to their child—often before birth—providing peace of mind and legal certainty.

Pre-birth parentage orders

Maryland courts routinely grant pre-birth parentage orders in gestational surrogacy cases. This legal document names the Intended Parents as the child’s legal parents from the moment of birth, allowing their names to appear directly on the birth certificate. This process is available to:

• Married and unmarried couples
• Same-sex and opposite-sex couples
• Single Intended Parents

Traditional surrogacy parentage

In traditional surrogacy, establishing parentage can be more complex due to the Surrogate’s genetic connection to the child. In these cases, a post-birth adoption or court order may be required. With experienced legal guidance, Intended Parents can still achieve full parental rights, but the process may involve additional steps.

Maryland’s approach to parentage reflects its commitment to protecting families and ensuring every child’s legal status is secure from the very beginning.

Surrogacy contracts and legal protections

A well-drafted surrogacy contract is the cornerstone of a safe, transparent, and respectful surrogacy journey in Maryland. While there is no specific statute governing surrogacy contracts, Maryland courts have consistently enforced them—provided they are clear, comprehensive, and entered into voluntarily by all parties.

Key elements of a Maryland surrogacy contract

• Roles and responsibilities: Clearly outlines the expectations and obligations of both Intended Parents and the Surrogate.
• Compensation: Details any financial arrangements, including reimbursement for medical expenses and other agreed-upon compensation.
• Medical decisions: Specifies how medical decisions will be made during the pregnancy.
• Parental rights: Affirms the Intended Parents’ legal rights and the Surrogate’s agreement to relinquish parental claims.
• Dispute resolution: Provides a process for resolving any disagreements that may arise.

Legal representation

Each party should have independent legal counsel experienced in Maryland surrogacy laws. This ensures that everyone’s interests are protected and that the contract is enforceable in court.

By prioritizing clear, fair contracts and professional legal support, Maryland continues to set a high standard for surrogacy safety and transparency. These protections are designed to give you peace of mind—so you can focus on the joy and meaning of your surrogacy journey.

Take the next step with confidence

Begin your Maryland surrogacy journey with expert support

Your path to parenthood or surrogacy is deeply personal—and you deserve a partner who values your safety, dignity, and dreams. At Hatch, we combine legal expertise with heartfelt care, guiding you through every step of Maryland’s surrogacy process. Whether you’re an Intended Parent or a Surrogate, you can trust us to protect your interests, answer your questions, and celebrate your milestones.

Ready to explore surrogacy in Maryland? Connect with Hatch today and take the first step toward a safe, supported, and joyful journey.

Frequently Asked Questions

• Are surrogacy contracts enforceable under Maryland surrogacy laws?
  Yes, Maryland courts have consistently enforced surrogacy contracts, provided they are clear, comprehensive, and entered into voluntarily by all parties.
• Can same-sex couples pursue surrogacy in Maryland?
  Absolutely. Surrogacy laws in Maryland are inclusive, allowing same-sex couples and single individuals to become legal parents through surrogacy.
• Is compensation for Surrogates allowed in Maryland?
  Yes, compensated surrogacy is permitted. Contracts should clearly outline all compensation and reimbursement terms to ensure transparency and fairness.
• How is parentage established for Intended Parents in Maryland?
  Maryland courts routinely grant pre-birth parentage orders in gestational surrogacy cases, allowing Intended Parents to be named on the birth certificate from birth.
• What are the main requirements for becoming a Surrogate in Maryland?
  Surrogates must be legal U.S. residents, typically between 21 and 42 years old, have had at least one healthy pregnancy, and pass medical and psychological screenings.