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Egg Donation And Surrogacy Laws > Maryland

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Understanding Egg Donation And Surrogacy Laws In Maryland | Mir & Bashir, LLC

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 expert legal services to help you navigate these complex arrangements, ensuring your rights are protected and the best interests of the child are prioritized.

Reach out to our Maryland-based experts to discuss your egg donation or surrogacy needs and secure your parental rights.

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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 Are The Legal Rights Of Egg Donors In Maryland?

In Maryland, egg donors typically have no parental rights or obligations after the donation is complete and the contractual agreements are signed.

  • How Can Intended Parents Establish Legal Parentage In Maryland?

Intended parents in Maryland can establish legal parentage through pre-birth orders or adoption, depending on the surrogacy arrangement and court approval.

  • What Should Be Included In A Surrogacy Agreement To Avoid Disputes?

A surrogacy agreement should include clear provisions for parental rights, responsibilities, and the intent of the parties. It should be drafted with legal counsel and receive court approval.

  • What Happens If A Surrogate Refuses To Relinquish The Child?

If a surrogate refuses to relinquish the child, the courts will evaluate the intent of the parties as outlined in the surrogacy agreement, the best interests of the child, and the enforceability of the agreement.

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