Surrogacy and Egg Donation Laws in Washington, D.C.
Washington, D.C. has a robust legal framework for both traditional and gestational surrogacy, outlined in the D.C. Parentage Act. Surrogacy agreements must be in writing and receive court approval through a pre-birth parentage order. Mir & Bashir, LLC is here to guide you through the legal process, ensuring that your surrogacy agreement is compliant with D.C. laws and that your parental rights are secured. Our experienced attorneys are dedicated to helping you manage the complexities of surrogacy and egg donation with confidence.
Relevant Statutes
- D.C. Parentage Act (§ 16-909):
- Washington, D.C. has legalized both traditional and gestational surrogacy, with statutes that outline the rights and obligations of surrogates and intended parents.
- Surrogacy agreements must be in writing, and intended parents must obtain a pre-birth parentage order.
Rights of Involved Parties
- Egg Donors:
- Donors do not retain parental rights or responsibilities after the donation if a valid agreement is in place.
- Surrogates:
- Surrogates in D.C. do not have parental rights if the surrogacy agreement and parentage order are established.
- Intended Parents:
- Intended parents secure parental rights through a pre-birth order, which must be filed and approved by the court.
Case Law
- Surrogacy Arrangements (2017): D.C. law explicitly permits and regulates surrogacy arrangements, offering clear legal guidelines for establishing parental rights.
Frequently Asked Questions
What is the D.C. Parentage Act, and how does it regulate surrogacy?
The D.C. Parentage Act (§ 16-909) provides a robust framework for both traditional and gestational surrogacy, requiring agreements to be in writing and approved by the court via a pre-birth parentage order. This ensures clear rights and obligations for all parties, emphasizing the intent of intended parents.
How does Washington, D.C. law address egg donation in surrogacy arrangements?
Under the D.C. Parentage Act, egg donors do not retain parental rights or responsibilities after the donation, provided a valid written agreement is in place. This protects the intended parents’ parentage while clarifying the donor’s non-parental status.
What rights do surrogates have in Washington, D.C. surrogacy agreements?
Surrogates have no parental rights if a compliant surrogacy agreement and pre-birth parentage order are established, as outlined in § 16-909. Their role is limited to the gestational process, with protections for their health and compensation detailed in the contract.
How do intended parents establish legal parentage in D.C. surrogacy cases?
Intended parents secure parental rights through a court-approved pre-birth order, which must be filed and validated under the D.C. Parentage Act. This process confirms their legal status from birth, prioritizing the child’s ideal interests and the agreement’s terms.
What key legal developments influence surrogacy in Washington, D.C., and are there recent changes as of 2025?
The 2017 surrogacy law explicitly permits and regulates arrangements, providing guidelines for parental rights establishment. As of 2025, D.C. mandates insurance coverage for infertility treatments, including up to three IVF cycles and embryo transfers, enhancing accessibility for surrogacy processes.