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Maryland: A Friendly State for SurrogacyLast Updated: November 18, 2009
There are no statutes or administrative regulations governing surrogacy arrangements in
In both cases, the surrogate relinquished custody of the child when it was born and consented to the second-parent adoption by the intended mother. In one of the cases, the court ruled that despite the fact that the second-parent adoption should be granted, surrogacy arrangements should be considered void and against public policy. In the second case, the court again ruled that the second-parent adoption should be granted and that surrogacy is not against public policy and does not violate
In 2000, the Maryland Attorney Generalís Office, issued an opinion on surrogacy as well. Itís statement said that surrogacy agreements that pay fees to a birth mother are illegal and unenforceable.
There has also been one appellate decision regarding surrogacy. In this case, the court ruled that if a single father is pursuing surrogacy, a surrogate mother, who has no genetic connection to the baby, does not have to be listed as the childís mother on the birth certificate. The court also noted in this case that the payment of money for a child in a surrogacy agreement is illegal.
From the above cases and opinions, it can be deduced that it is important to have a surrogacy agreement that clearly states the intent of the parties, their rights and responsibilities, and that payments to the surrogate are not compensation for payment of a child.
The National Adoption and
Hilary Neiman, Esq.
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