Surrogacy in Maryland. Considered “friendly”, nothing in state law precludes us from surrogacy arrangements.

Maryland Court of Special Appeals has ruled that two unmarried individuals in a “stable” relationship may adopt a child. This decision paves the way for adoption of a child by the parent’s partner. Also called second-parent adoption. Parameters of single-parent adoption are unknown at this time.

An important feature of Maryland law for artificial insemination surrogacy is found in its adoption law. A non-resident can file a petition for adoption in a Maryland court, if the birth mother (which would be the surrogate) resides in Maryland.

Since Maryland doesn’t have any statutes permitting, prohibiting, or regulating surrogacy, the only law governing a surrogacy arrangement are the terms of the surrogacy contract written by the people who are involved. Not only are there no laws specifically addressing surrogacy, but there are also no appellate court opinions addressing the subject.

In gestational surrogacy cases, the courts have been helpful in granting orders to ensure that the birth certificates for children born in Maryland to gestational carriers reflect the correct parentage regardless of the residency of the surrogate, or the intended parents, or the donor if any.

Source: The American Surrogacy Center