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.
Maryland recognizes two primary forms of surrogacy, each with its own legal and emotional considerations:
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 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.
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.
These safeguards are in place to protect and support everyone involved, ensuring that the surrogacy journey is as safe, positive, and rewarding as possible.
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.
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:
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.
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.
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.
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.