Egg Donation and Surrogacy Laws in Maryland
Maryland’s legal landscape for egg donation and surrogacy is governed by the Uniform Parentage Act and case law. While Maryland does not have specific statutes for egg donation, it recognizes gestational surrogacy agreements, provided the surrogate is not genetically related to the child. Intended parents in Maryland can establish legal parentage through pre-birth orders or adoption, depending on the circumstances and court approval. At Mir & Bashir, LLC, we provide legal services to help you navigate these complex arrangements, ensuring your rights are protected and the ideal interests of the child are prioritized.
Relevant Statutes
- Maryland Family Law:
- Maryland does not have specific statutes governing egg donation but recognizes the validity of surrogacy agreements, particularly gestational surrogacy, where the surrogate is not genetically related to the child.
- The state follows the Uniform Parentage Act to establish legal parentage, focusing on the intent and agreements between parties.
Rights of Involved Parties
- Egg Donors:
- Typically, egg donors in Maryland have no parental rights or obligations once the donation is complete and contractual agreements are signed.
- Surrogates:
- The rights of a surrogate are defined by the contractual agreement. In gestational surrogacy, the surrogate does not have parental rights to the child.
- Intended Parents:
- Intended parents can establish legal parentage through pre-birth orders or adoption, depending on the surrogacy arrangement and court approval.
Case Law
- In re Roberto d.B. (2002): This case affirmed the enforcement of gestational surrogacy contracts, emphasizing the importance of the intent of the parties involved.
Frequently Asked Questions
What is the primary legal framework governing egg donation and surrogacy in Maryland?
Maryland’s laws are shaped by the Uniform Parentage Act and case law, with no specific statutes for egg donation. Gestational surrogacy agreements are recognized if the surrogate is not genetically related to the child, emphasizing the intent of the parties involved.
How does Maryland Family Law address surrogacy agreements?
While lacking dedicated statutes, Maryland Family Law validates gestational surrogacy contracts where the surrogate has no genetic link to the child. Legal parentage for intended parents is established via pre-birth orders or adoption, subject to court approval.
What are the parental rights of egg donors in Maryland?
Egg donors typically relinquish all parental rights and obligations upon completing the donation and signing contractual agreements, aligning with the Uniform Parentage Act’s focus on the intended parents’ intent.
How are the rights of surrogates and intended parents protected in Maryland surrogacy arrangements?
Surrogates’ rights are outlined in the contractual agreement, with no parental rights in gestational surrogacy. Intended parents can secure legal parentage through pre-birth orders or adoption, ensuring the child’s ideal interests and the parties’ intentions are upheld.
What key case law influences surrogacy in Maryland, and are there recent changes as of 2025?
In re Roberto d.B. (2002) affirmed the enforcement of gestational surrogacy contracts, highlighting the parties’ intent. As of October 2025, no legislative changes have occurred; Maryland continues to allow pre-birth orders for surrogacy without new restrictions.