Washington, D.C. went from banning paid surrogacy outright to having one of the clearer laws in the country.
Is surrogacy legal in Washington, D.C.?
Yes — but this wasn't always the case. For decades, D.C. actually made paid surrogacy a crime, with real fines and even jail time possible. That changed in 2017, when a new law replaced the ban with a full framework for .
Can a surrogate be paid?
Yes. D.C.'s law lets the surrogate be paid for carrying the pregnancy, not just for expenses.
A few requirements come first:
- The surrogate must be at least 21 and have already given birth to a child of her own
- The surrogate and each have their own independent lawyer
- Everyone completes a mental health consultation together
How do intended parents become the legal parents?
D.C. allows a of parentage. If it's not obtained before the baby is born, it can still be issued within 45 days after. Once granted, the intended parents are the legal parents — no adoption needed.
A few practical things to know
- This used to be illegal: D.C. banned paid surrogacy for decades before this 2017 law changed things.
- Who's covered: no marital-status requirement for intended parents.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the D.C. insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Every situation is a little different, and small details can change what applies to you.
Before signing any , talk to a lawyer who specializes in reproductive law in D.C. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.