Legal note: This page is educational only. Maryland's surrogacy framework is not as self-contained as some states' dedicated surrogacy statutes, so Maryland reproductive counsel should confirm the current procedure for a specific case.
What current Maryland law clearly recognizes
Maryland's Health–General Article expressly addresses births involving a gestational carrier and requires the birth-registration process to incorporate a court order establishing parentage when applicable. The statute defines a gestational carrier and directs the Division of Vital Records to register the birth certificate in accordance with the court order.
Parentage requires careful legal planning
Because Maryland does not currently present the same single, detailed gestational-surrogacy code found in states such as Rhode Island or Massachusetts, intended parents should not assume that agreement requirements, timing, court procedure or birth-certificate treatment are identical in every Maryland case.
Do not rely on older proposed legislation
Maryland has considered multiple bills over the years addressing gestational agreements and collaborative reproduction. Some of those proposals did not become the comprehensive statute that older summaries sometimes imply. This page therefore does not describe a “Maryland Collaborative Reproduction Act” as current law.
What to confirm with Maryland counsel
- Which court has jurisdiction over the parentage proceeding.
- When the parentage petition should be filed.
- What documentation the court and hospital require.
- How the intended parents' specific family structure and genetic circumstances affect the proceeding.
- How the birth certificate will be registered after the court order.
Birth registration
Maryland law provides a specific mechanism for gestational-carrier births: information regarding the gestational carrier and intended parents is submitted with the court order, and Vital Records registers the birth certificate in accordance with that order.
Read the general surrogacy legal-process guide or return to the state index.