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Legal Aspects of Surrogacy - Maryland

Overview of Surrogacy in Maryland

Introduction

Surrogacy law in Maryland is considered surrogacy-friendly and provides clear guidelines to protect the rights of all parties involved, including intended parents, surrogates, and donors. Here are the key aspects of surrogate law in Maryland:

Types of Surrogacy Allowed

Maryland law allows for both gestational and traditional surrogacy arrangements. In gestational surrogacy, the surrogate carries an embryo created via IVF, using the egg and sperm from the intended parents or donors. Traditional surrogacy, where the surrogate uses her own egg, is also permitted but is less common due to legal complexities.

Pre-Birth Orders

One of the advantages of Maryland's surrogacy law is the provision for pre-birth orders. These orders allow intended parents to be recognized as the legal parents of the child from birth, and their names can be listed on the birth certificate without the need for further court proceedings after the child is born.

Overview of Surrogacy Laws in Maryland

Maryland, while lacking specific statutory laws on surrogacy, has effectively sanctioned the practice through case law, particularly the landmark case of In re Roberto d.B. (2007). This case implicitly approved gestational surrogacy when the Maryland Court of Appeals ruled that a trial court had erred in refusing to remove a gestational carrier’s name from a birth certificate. This decision indicates judicial support for gestational surrogacy agreements, although the court emphasized that legislative action was still needed to fully regulate the practice​ (FindLaw)​​ (SurrogateFirst)​​ (IVF Conceptions)​.

Maryland's legal system generally recognizes and enforces surrogacy agreements, but the outcomes can vary depending on the judge presiding over each case. For instance, while pre-birth orders to establish intended parents' legal rights before the child's birth are commonly granted, the process and acceptance can differ across jurisdictions within the state​ (Baby Steps Surrogacy)​.

Given the complexities and potential variations in legal proceedings, it is highly recommended that prospective surrogates and intended parents consult with a knowledgeable attorney who specializes in reproductive law. This ensures that all parties are well-informed about their rights and responsibilities and that the surrogacy process complies with current legal standards​ (SurrogateFirst)​​ (IVF Conceptions)​.

Legality of Gestational Surrogacy in Maryland

Gestational surrogacy is implicitly approved in Maryland. The Maryland Court of Appeals' 2007 decision in the case of In re Roberto d.B. indirectly endorsed gestational surrogacy by allowing a gestational carrier to remove her name from the birth certificate. This decision, combined with the absence of specific prohibitive laws, makes gestational surrogacy a viable and accepted option for family-building in the state​ (GoStork)​​ (CreativeFamilyConnections)​.

Traditional Surrogacy and Its Legal Status

Traditional surrogacy, where the surrogate is the genetic mother, is technically legal in Maryland but carries significant legal risks. In a 2000 opinion, the Maryland Attorney General stated that traditional surrogacy contracts involving compensation might be illegal and unenforceable under state law. This is because Maryland law prohibits payments to a birth mother beyond medical, legal, and adoption counseling expenses​ (ConceiveAbilities)​. Due to these complexities and the potential need for the intended mother to pursue adoption to establish parental rights, many attorneys prefer handling gestational surrogacy cases over traditional ones​ (MD Surrogacy Center)​.

For those considering surrogacy in Maryland, it is highly recommended to consult with an experienced attorney to navigate the legal landscape and ensure compliance with all applicable laws and guidelines​ (Fairfax Surrogacy)​​ (CreativeFamilyConnections)​.

Compensated Surrogacy

Compensated surrogacy is not explicitly regulated by Maryland laws, leaving compensation terms to be defined in surrogacy contracts. Surrogates generally receive compensation for various aspects, including:

  • Medical Risks and Procedures: Compensation for mock cycles, embryo transfer, and medication initiation.

  • Monthly Allowances: Covering miscellaneous expenses and housekeeping.

  • Maternity Costs: Budgets for maternity clothing and medical expenses.

  • Travel and Lost Wages: Reimbursement for travel costs, potential lost wages, and childcare during bed rest.

  • Insurance and Legal Fees: Life insurance, medical insurance, legal representation, and psychological counseling.

  • Additional Costs: Any other expenses as per agency guidelines.

Drafting a Surrogacy Contract in Maryland

Maryland does not have specific laws detailing the surrogacy contract creation process. However, it is essential for both intended parents and surrogates to have independent legal representation. The attorneys negotiate and draft a contract that includes:

  • Rights and Responsibilities: Clearly defined roles for both parties.

  • Financial Details: Compensation, insurance coverage, and other financial matters.

  • Risks and Liabilities: Potential risks and contingency plans.

  • Sensitive Issues: Decisions on matters like selective reduction and pregnancy termination.

  • Contact Expectations: Guidelines for communication throughout the surrogacy journey.

Once the contract is mutually agreed upon and executed, the medical procedures for surrogacy can commence.

Establishing Legal Parentage

Maryland courts typically grant pre-birth parentage orders to intended parents, regardless of their marital status, sexual orientation, or genetic connection to the child. Pre-birth orders legally recognize the intended parents' rights from the moment of birth. If a pre-birth order is unattainable, post-birth adoptions are available to ensure the intended parents' legal status.

Same-Sex Surrogacy

Legality for Same-Sex Couples: Same-sex surrogacy is legal in Maryland, and LGBT+ intended parents undergo the same process as heterosexual couples, often involving a sperm or egg donor.

Additional Laws Affecting Same-Sex Parenting: Maryland does not have specific laws that uniquely impact same-sex parenting, ensuring equal treatment under the law.

Additional FAQs on Maryland Surrogacy

Enforceability of Surrogacy Contracts: While Maryland law does not explicitly address the enforceability of surrogacy contracts, they are generally presumed enforceable as legal agreements. Experienced surrogacy attorneys play a vital role in ensuring contracts meet all legal standards.

Laws for Non-U.S. Parents: International intended parents are subject to the same regulations as domestic ones in Maryland. However, it is crucial for international parents to consult with an immigration lawyer to navigate the legal procedures for bringing their child home.

Requirements for Post-Birth Adoption: Post-birth adoptions may be necessary in specific cases, particularly when a pre-birth parentage order is not obtainable. This scenario should be assessed by an experienced surrogacy attorney.

Allowance of Second-Parent Adoptions: Maryland permits second-parent adoptions, which are essential for unmarried intended parents who cannot establish parentage through a pre-birth order. Married intended parents might opt for a stepparent adoption to affirm their parental status.

Surrogacy Involving Donor Gametes: When intended parents use donor eggs, sperm, or embryos, Maryland's legal framework typically allows for pre-birth parentage orders. This applies regardless of the intended parents' marital status, sexual orientation, or genetic link to the child, facilitating a smoother legal process in surrogacy arrangements involving donors.

Conclusion

Maryland's surrogacy laws, though not explicitly detailed in statutory law, provide a supportive framework through case law and judicial practices. This allows for both gestational and traditional surrogacy, with a preference for gestational surrogacy due to its clearer legal standing. For those considering surrogacy in Maryland, engaging with a specialized attorney is crucial to navigate the legal complexities and ensure the rights and responsibilities of all parties are protected. This legal guidance is particularly important for addressing issues related to compensation, parentage, and the use of donor gametes.

Guide: Everything you need to know to become a surrogate in Maryland

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more