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Surrogacy Law in Maryland

Last updated August 24, 2026

Quick facts
  • Paid surrogacy: Legal
  • Parentage order: Varies by case
  • Interstate compact state: No

Maryland doesn't have a law written specifically for surrogacy — the rules here come from a single court case, not a statute.

Yes, but there's no dedicated surrogacy law behind it. Maryland's highest court effectively opened the door to in a 2007 case, and courts have generally gone along with gestational surrogacy arrangements since then. There's no law spelling out exactly how the process is supposed to work, though — it's built entirely on that one case and general parentage law.

Can a surrogate be paid?

Generally, yes, for gestational surrogacy. But Maryland's rules against paying for adoptions create some risk around paying a traditional surrogate (one who's genetically related to the baby) — a past state legal opinion suggested that kind of payment could run into the same restrictions as paying for a private adoption. Gestational surrogacy, where the surrogate isn't genetically related to the baby, is the much safer path.

s are available in Maryland, but because there's no statute guaranteeing them, whether you get one — and how smoothly it goes — can depend on the court and county you're in.

Married and unmarried couples, same-sex couples, and single have all reportedly been able to get pre-birth orders, regardless of genetic connection to the baby, but again, this comes down to practice rather than a guaranteed legal right.

A few practical things to know

  • No surrogacy statute: Maryland relies on a single court case and general parentage law, not a dedicated law.
  • Gestational, not traditional: paying a surrogate who's genetically related to the baby carries more legal risk than paying a gestational surrogate.
  • Outcomes vary by court: because there's no statute, results can differ from one county to the next.
  • 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 Maryland insurance guide linked below.

This page is here to help you learn the basics — it isn't legal advice. Maryland doesn't have a dedicated surrogacy law, so a lot depends on your specific situation and the court you're in.

Before signing any , talk to a lawyer who specializes in reproductive law in Maryland. 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.


Statute & case citations
  • In re Roberto d.B., 399 Md. 267, 923 A.2d 115 (Md. 2007)
  • 2000 Md. Att'y Gen. Op. (paid traditional surrogacy and adoption-payment law)
gestational carrierpre birth parentage orderintended parentgestational carrier agreementcompensation vs reimbursement
Insurance considerations for Maryland →Find an attorney in Maryland →

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