Yes, Maryland permits gestational surrogacy under a framework established by the Maryland General Assembly, recognizing it as a legally valid method of family formation. The state does not criminalize surrogacy agreements but enforces strict judicial oversight to protect all parties, including intended parents and surrogates. Recent 2026 amendments to the Maryland Uniform Parentage Act further clarify parental rights, requiring pre-birth orders in most cases and mandating independent legal representation for surrogates.
Key Regulations for Surrogacy in Maryland
- Pre-Birth Orders Required: Maryland courts typically issue pre-birth parentage orders, ensuring intended parents’ rights are recognized before the child’s birth. This streamlines the process but requires compliance with judicial review standards.
- Independent Legal Counsel Mandated: Surrogates must retain separate legal representation from intended parents to ensure informed consent and mitigate coercion risks. This aligns with the 2026 amendments emphasizing ethical safeguards.
- Compensation Caps and Disclosure Rules: While surrogacy contracts are enforceable, Maryland prohibits excessive compensation that could exploit surrogates. All financial terms must be disclosed to the court during the pre-birth order process.
Maryland’s regulatory body, the Maryland Department of Health’s Vital Records Division, oversees birth certificate issuance for surrogacy-born children, requiring a certified copy of the pre-birth order. The state’s approach balances reproductive rights with protections against exploitation, though disputes may still arise under contract law.