We have over a decade of experience representing and guiding women through the surrogacy process. Our attorneys have extensive experience representing gestational carriers throughout the DMV area.

Surrogacy and Gestational Carrier Services in Maryland, Virginia and Washington, DC

Becoming a surrogate or a gestational carrier is a major decision.  admiration and respect for women who are willing to help a hopeful parent’s dream come true is what makes us so passionate about representing gestational carriers in the surrogacy process. The following guides share important information about surrogacy and how we can help you in the process.

Building your family through the use of a Gestational Surrogate and/or Egg or Sperm Donor is complicated. Once potential candidates have been identified, the process of ensuring they qualify medically and psychologically can be time-consuming and expensive. You must have lawyers and medical professionals to assist you in this process.

The serious nature of the legal rights spelled out in a gestational surrogacy, egg donor or sperm donor agreement necessitates the participation of trained and licensed professionals. You should only proceed after you have drafted a reasonably detailed agreement, which delineates the rights and responsibilities of the intended parents and the surrogate and clearly stipulates which state laws will apply. It is only through this process that the parties involved can have confidence in the reduction of any potential legal conflict. This

In Maryland, there are no statutes governing surrogacy. There is an evolving body of legal precedent that recognizes the intended parents as the legal parents, and the courts follow this precedent to order that the birth certificate be amended to reflect the child's parents. The Maryland courts will consider if there is a sufficient nexus to Maryland to allow jurisdiction to apply Maryland law. When Maryland has jurisdiction, the court will issue birth orders both pre-birth and post-birth (if necessary) so that the gestational carrier is not listed as the parent of the child.

Virginia statutes provide a legal method for obtaining a pre-birth order, which allows placement of the name(s) of the intended parent(s) on the original birth certificate. However, the pre-birth order process is intrusive and expensive, especially because it requires that a home study and much of the process be completed prior to embryo transfer. The more common process for surrogate mother arrangements in Virginia involves two basic steps: First is entering into a contract governed by Virginia law prior to the assisted reproductive technology procedure (artificial insemination or in vitro placement). Second is having the birth certificate amended after the birth of the child. This two-step process is relatively simple and can be done as long as the child is born in Virginia and at least one intended parent is genetically related to the child. The birth certificate amendment paperwork cannot be signed until 72 hours after the birth of the child.  For children born outside of Virginia, a court order is required and the process is more involved but can be accomplished via an order of parentage.

In the District of Columbia, surrogacy is allowed as of April 7, 2017. The law is comprehensive and allows for pre-birth and post birth court orders in surrogacy matters. The full statute can be found under the Collaborative Reproduction Amendment Act of 2016. Jennifer is one of the attorneys who assisted in the drafting of the bill and worked towards its passage for the last several years. 

Our attorneys have long represented gestational carriers and intended parents. They work closely with each client, providing direct,hands-on, client-centered services. If you are looking for a gestational carrier, call us to discuss your options. 

 Click Here to view a Surrogacy Map across the country.