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Surrogacy Laws in Maryland

Maryland has no certain law that deals with surrogacy arrangements, but there are related laws that could make surrogacy arrangements not enforceable. Surrogacy arrangements dealing with LGBT couples and individuals haven’t been looked at by the courts yet.


Maryland law doesn’t allow payment for adoption services. It also outlaws the purchase or sale of minors, and it punishes it with jail time or a fine. The question of whether or not these statutes deal with surrogacy arrangements is broadly contested amongst legal academics and politicians in the state. There was an opinion written in 200 by the Attorney General in Maryland that said that surrogacy agreements dealing with the payment of a fee for a birth mother are basically illegal and not enforceable corresponding to current state law. This means that the state doesn’t consider surrogacy contracts which are uncompensated to be illegal. The Attorney General has written an opinion that states that the surrogacy payment fee should not ban approval by itself, of an adoption petition, and that the choice to grant an adoption has to be based on the child’s best interest.



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