In Maryland, gestational surrogacy is implicitly permissible as of 2003, when the Court of Appeals of Maryland ruled that a lower court erred in not letting a gestational surrogate be removed as “mother” from a birth certificate.
In Maryland, traditional (genetic) surrogacy is legally risky, as the sort of compensation that is customary in surrogacy arrangements was deemed illegal. Parents (typically the Intended Mother) wishing to work with a traditional surrogate would have to adopt the child after birth.
We strongly recommend retaining legal counsel, knowledgeable of reproductive law when working with a surrogate in Maryland.
