Surrogacy in Maryland [The Complete Guide]

Deciding to start the surrogacy process, whether as a hopeful intended parent or a surrogate, is an exciting opportunity. But to ensure you’ll have a smooth and successful experience in your state, you’ll want to familiarize yourself with the Maryland surrogacy process. That’s where these guides come in.

Looking for information specific to your city? Explore our guides to surrogacy in:

Baltimore | Frederick | Rockville

Below, you’ll find everything you need to know when it comes to surrogacy in Maryland, including some common questions about surrogacy laws. But if you start to have questions while you’re reading, we’d be happy to answer them. Please contact us to get more information on surrogacy in Maryland.

The Maryland Surrogacy Process in 7 Steps

We know that the Maryland surrogacy process can be a little confusing at first. But we are here to help you every step of the way. In this guide, learn about the seven steps involved in the Maryland surrogacy process:

Step 1: Choose surrogacy.

It might sound simple, but choosing surrogacy is the first and most important decision that you’ll make. While surrogacy is a great way to grow your family or help someone else make their dreams come true, it’s still a long, emotional journey. This is a big commitment that you’re considering, so it’s important to sit down and consider all of your options to make sure this family-building path is the right one for you.

Of course, this means that you should carefully research the surrogacy process in Maryland to get an idea of what it’s really like. Read through some of the pros and cons, surrogacy laws in Maryland, and, if you’re looking for even more information, reach out to a surrogacy professional directly to make sure that it’s right for you. 

If you have any questions, or if you’re unsure if surrogacy in Maryland is right for you, you can contact us anytime for more information.

Step 2: Choose the type of surrogacy and your professional.

Hopeful intended parents and surrogates will need to consider both the type of surrogacy they’re interested in and the professional they’d like to work with (if you decide to work with one at all).

A few of the types of surrogacy in Maryland that you’ll want to consider are:

  • Gestational vs. Traditional: Traditional surrogates use their own eggs in the process, gestational surrogates do not. The vast majority of surrogacy professionals today only complete gestational surrogacies due to the increased legal and emotional risks of traditional surrogacy.
  • Compensated vs. Altruistic: Whether or not the surrogate receives base compensation in addition to reimbursement for the surrogacy-related medical and legal expenses. Not all states permit compensated surrogacy.
  • Domestic vs. International: The intended parents and surrogate either both reside in the U.S., or the two parties are in different countries. Not all surrogacy professionals will complete international surrogacies.
  • Agency vs. Independent: Surrogacy agencies screen your match, coordinate the process and provide support services from start to finish. In independent surrogacy, you’d handle all of this on your own.

The type of surrogacy that's right for you will depend on your unique circumstances. But if you’re having trouble determining which one type of Maryland surrogacy is right for you, we’d be happy to talk you through all of your options.

Step 3: Complete the screening processes.

Screening is an important step in the surrogacy process for both intended parents and surrogates. This step is to ensure that everyone involved is financially, psychologically and emotionally ready to start the surrogacy process in Maryland or any other state. 

Here’s what screening looks like for both parties:

Intended Parents

A Home Assessment, if Needed*- This step will be performed by a licensed social worker. Typically, you’ll go through:

  • An in-home inspection: Similar to an adoption home study, a social worker will visit your home to gather more information about you and your lives and assess your home.
  • Interview: Your social worker will sit down with you, your spouse and everyone else you live with to learn a little more about each of you. They’ll also take this opportunity to gauge everyone’s feelings about the upcoming Maryland surrogacy process.

Background Clearances - To ensure that that the intended parents are capable of providing a safe and stable home, you, your spouse and other members of your home will be asked to go through background checks.

*This step is determined on a case-by-case basis.


If you meet all the requirements to become a surrogate, then you can move toward the screening process. Typically, these steps include completing:

  • An in-home assessment and background checks
  • A surrogate social and medical history form
  • A psychological evaluation
  • A medical evaluation
  • And more

To learn more about the specific requirements you’ll need to complete, please reach out to your primary Maryland surrogacy professional.

Step 4: Find a match.

Finding the perfect match is one of the most exciting steps of the Maryland surrogacy process.

If you’ve already found the perfect match, then you may only need to work with a Maryland surrogacy attorney who is experienced in assisted reproductive law, like Jennifer or Catelyn. But if you haven’t done so yet, here’s what you need to know about finding a match for the Maryland surrogacy process.

You can either search for a surrogacy match independently or with the help of a matching program (also sometimes called a surrogacy agency). Not sure which route is right for you? We can walk you through each option and help you choose the path that best suits your needs. No matter how you find your Maryland surrogacy match, we’ll be there to help you complete the necessary legal steps.

If and when both parties are ready to move forward, you’ll start the process of drafting your legal contract.

Step 5: Create your contract.

Whether you’re an intended parent or a surrogate, each of you will have your own Maryland surrogacy attorney who specializes in assisted reproductive technologies with an understanding of your state’s laws. They’ll start by meeting with you to review the language and compensation you’ve agreed upon. They’ll also take the time to make sure you understand your rights and any legal risks before you move on to the next steps in the Maryland surrogacy process. If you reach out to us but don’t have a second Maryland surrogacy lawyer in mind, we’re happy to refer you to local legal representatives we trust.

Once the legal contracts are signed, it’s time to move on to more exciting steps; it’s time to start preparing for the embryo transfer process.

Step 6: Complete the medical process.

Once the contracts have been agreed upon, it’s time to begin the medical process for your surrogacy in Maryland. This step will likely be handled by an already agreed-upon fertility clinic.

If the intended parents don’t already have frozen embryos that they’ll be using, the intended mother or egg donor will be given medications to help her develop eggs. Afterward, she’ll undergo an egg retrieval process. The eggs will then be transferred to a laboratory to create an embryo, which will be transferred to a surrogate. The surrogate will also undergo fertility treatments before the transfer and during the pregnancy.

Once a healthy pregnancy has been confirmed, the surrogate will typically start receiving base compensation in addition to prenatal care throughout her pregnancy.

Step 7: Welcome the baby.

Your Maryland surrogacy process has been a long and emotional journey, but the birth of the baby is finally here. This is an incredible moment for both the intended parents and surrogate. Most of the time, the intended parents will join the gestational carrier at the hospital. Once the baby is born and the surrogate is ready to be discharged from the hospital, everyone will be able to return home, but forever connected. Depending on everyone’s circumstances, you may choose to continue your relationship with one another.

The process of building a family through surrogacy in Maryland is an exciting and fulfilling opportunity. Whether you are considering building your own family or giving someone else an incredible gift, we’d be happy to walk you through each step of the process and provide important legal protection.


3 Common Questions About Surrogacy in Maryland

We know that you probably have some additional questions about the Maryland surrogacy process, and we’re here to answer them. Below are some of the most common questions we hear from hopeful intended parents and surrogates considering surrogacy in Maryland.

“Is surrogacy legal in Maryland?”

At this time, there are no specific Maryland surrogacy laws. However, in 2007, the Maryland Court of Appeals made a ruling that indirectly approved gestational surrogacy. So, the process is implicitly legal in Maryland today.

“Is traditional surrogacy legal in Maryland?”

Yes, it is. But, as you might expect, traditional surrogacy comes with increased legal and emotional risks, making this type of Maryland surrogacy one to consider very carefully.

“Is compensated surrogacy permitted in Maryland?”

Yes. There are no laws concerning Maryland surrogacy that regulate the amount of base payment that a gestational surrogate can receive for her services.


Starting your surrogacy journey in any state can be stressful, but the right Maryland surrogacy lawyer can help simplify the process. To learn more or to start your journey today, contact us now.

“I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax