Traditional Surrogacy

In a traditional surrogacy, a non-resident of Maryland can file a petition for adoption in a Maryland court, if the birth mother (which would be the surrogate) resides in Maryland.

People engaged in an traditional surrogacy will eventually need the wife of the father to file an adoption petition in order for her to become the legal mother, instead of the surrogate remaining as the legal mother.

If the surrogate resides in Maryland, the wife can adopt her husband's child in a Maryland court, even though the wife lives in a different state or a different country. Traditional surrogacy is not used as frequently because the surrogate is the child’s legal parent which increases risks and legal issues. In fact, the use of a Traditional Surrogate is questionable from a legal perspective in Maryland. In 2000, the Maryland Attorney General issued an opinion suggesting that traditional surrogacy violates the baby selling laws. However, a carefully drafted and properly executed surrogacy contract with proper precautions and assumption of risk may be approved by the Court.

Maryland does not prohibit gay or lesbian couples from engaging in surrogacy arrangements.

Maryland Rule 9-103 provides that one of the requirements in a petition for adoption is that the petitioner must state how the child was identified or came to be in the custody of the person asking to adopt. The rule requires the names of "intermediaries or surrogates" and "a copy of any surrogacy contract." This rule demonstrates Maryland’s acceptance of the use of surrogates in order to build your family.

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