Legislative Milestone in Maryland’s Surrogacy Landscape:
2007
In 2007, the Maryland Court of Appeals made a ruling that indirectly approved of gestational surrogacy arrangements.
Surrogacy Contracts
Establish the rights and responsibilities of each party involved.
Each party must be represented by a separate surrogacy attorney
The agreement should be executed before the start of a medical process.
Parental Rights
Pre-birth order is available for the Intended Parents, regardless of their marital status, sexual orientation or genetic connection to the child.
Legal Rights of Surrogates:
Have the access to psychological counseling.
Are compensated for their time and medical risks in addition to the base payment.
Have the right for a base compensation, outlined in the agreement.
Who Can Benefit from Surrogacy in MD?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in Maryland:
There is no explicit statute governing surrogacy in Maryland; however, court rulings have created a framework that facilitates gestational surrogacy agreements, particularly favoring those with no genetic ties to the surrogate. This legal landscape ensures that intended parents and surrogates can enter into agreements with a clear understanding of their rights and obligations.
Advantages of Surrogacy in MD
The state has become a supportive place for surrogacy arrangements thanks to its recognition of the intended parents’ names on the birth certificate, often without the need for an adoption process post-birth. This is a significant relief for intended parents, as it simplifies the journey towards legal parenthood.
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