Egg Donation and Surrogacy
Egg donation and surrogacy provide hopeful paths to parenthood—but they also come with legal complexities that require specialized attention. At Mir & Bashir, LLC, we offer legal services designed to protect the rights and intentions of intended parents, egg donors, and gestational surrogates throughout Maryland, Virginia, and Washington, D.C.
Whether you are beginning the surrogacy process, entering an egg donation agreement, or facing a parentage dispute, our attorneys are here to ensure your legal rights are clearly defined and fully protected.
Our Legal Services Include:
- Drafting and reviewing egg donor and surrogacy agreements.
- Establishing legal parentage through court orders or pre-birth orders.
- Advising on compliance with state-specific statutes such as the UPA (Uniform Parentage Act) or D.C. Parentage Act.
- Resolving disputes related to donor or surrogate rights.
- Coordinating with fertility clinics and agencies on required documentation.
Related In-Depth Guides
Frequently Asked Questions
Is gestational surrogacy legal in Maryland, Virginia, and Washington, D.C., and what are the key differences?
Yes, gestational surrogacy is permitted in all three jurisdictions, but with variations: Maryland lacks specific statutes but approves it via case law for singles and unmarried couples, including donor gametes, with no compensation restrictions noted. Virginia allows it only for married couples under its Assisted Conception Statute (§ 20-156 to § 20-165), limiting to altruistic arrangements without compensation. Washington, D.C. fully supports compensated surrogacy with enforceable contracts, including pre-birth parentage orders for intended parents using donor eggs, sperm, or embryos.
Do egg donors have parental rights in these jurisdictions, and how are they protected?
Egg donors generally have no parental rights if proper legal agreements are in place, as recognized under assisted reproductive technology (ART) laws. In Maryland, donors are excluded from parentage with agreements per ART guidelines. Virginia’s statute (§ 20-158) confirms donors are not parents unless the spouse of the gestational mother. Washington, D.C. similarly treats donors as non-parents in surrogacy contracts, emphasizing written agreements to safeguard all parties.
What are the essential requirements for surrogacy and egg donation agreements in these areas?
Agreements must be detailed, voluntary, and cover compensation (if applicable), medical procedures, parentage establishment, and dispute resolution. Maryland relies on evolving case law for enforceability, requiring clear intent for intended parents’ status. Virginia mandates court validation for married couples and altruistic terms only. In D.C., contracts are enforceable if they meet statutory criteria, including post-2017 reforms allowing pre-birth orders, with emphasis on the child’s ideal interests.
How do these jurisdictions handle traditional vs. gestational surrogacy?
Gestational surrogacy (using donor or intended parents’ gametes, not the surrogate’s) is favored and legal across all: Maryland via practice, Virginia for married couples, and D.C. with full support including compensation. Traditional surrogacy (surrogate’s egg) is riskier and less common; D.C. permits it but requires post-birth court orders, while Maryland and Virginia discourage it due to potential parentage claims, recommending gestational arrangements instead.
How can Mir & Bashir LLC assist with egg donation and surrogacy legal services in these regions?
Our firm provides comprehensive support, including drafting enforceable agreements, navigating jurisdictional differences, filing for pre-birth orders (especially in D.C.), representing parties in disputes, and ensuring compliance with ART statutes to protect intended parents, surrogates, donors, and the child’s rights—tailored to Maryland’s case-law approach, Virginia’s marital restrictions, and D.C.’s progressive framework.