The Cove state guide
Case-specific routeMaryland uses court decisions and established court practice for gestational surrogacy rather than a comprehensive surrogacy-contract statute. State birth-registration law recognizes parentage orders involving gestational carriers.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Maryland has an established court route for single intended parents. In re Roberto d.B. involved a genetic intended father, donated eggs, and a carrier who did not intend to parent; the court allowed her removal from the birth record. A single non-genetic parent should have counsel confirm the appropriate parentage case.
Sources 24Maryland practitioners report parentage orders for unmarried intended parents, including families using donor material. Recognition comes through the court process rather than a comprehensive surrogacy-contract statute. Both partners’ intentions, donor documentation, and the requested order should be settled before treatment; one partner’s genetic connection does not alone establish the other’s status.
Sources 431Two fathers can obtain parentage recognition through established Maryland practice, including with donor eggs. Practitioners report orders without a marriage requirement; a court order should identify both fathers and address the carrier’s status. The legal route must be planned for the specific family and Maryland connection, rather than relying only on the contract.
Sources 431Two mothers using a separate gestational carrier can seek recognition through Maryland’s established parentage practice, whether married or unmarried. Have the order address both mothers, the carrier, and any donor involvement. Rules for a wife of the person giving birth are a different issue and should not replace this surrogacy parentage process.
Sources 431Parents abroad need a Maryland jurisdiction plan, commonly involving a carrier resident in the state. A planned Maryland delivery alone should not be assumed sufficient for a pre-birth case. The resulting court order can direct Maryland birth registration, but does not settle immigration, passports, or recognition by the parents’ home country.
Sources 31How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
The route depends on case law, parentage law, or local court practice rather than a comprehensive surrogacy statute.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Maryland lawyers report that marriage is not required for intended parents seeking a surrogacy parentage order. Still, include each intended parent in the legal plan and identify any carrier spouse whose presumed status must be addressed. A relationship or marriage certificate is not a substitute for the intended-parent order.
A genetic link can support a parentage claim, but Maryland practice also recognizes intended parents using donated gametes. Roberto d.B. addressed the carrier’s non-parentage in a donor-egg arrangement; it was not a complete rulebook for every non-genetic parent. Discuss the evidence required for each parent individually.
The clearest planning connection is residence in Maryland by the carrier or an intended parent. Professional guidance cautions against relying only on an anticipated Maryland delivery and discusses treatment-based cases separately. Have Maryland counsel identify the actual jurisdictional basis rather than choosing a hospital and assuming it creates one.
Use a carefully drafted agreement and separate legal counsel before treatment. The agreement and the court process must be planned together, particularly where donor eggs or sperm are involved.
Maryland Health–General §4-208 directs birth registration according to a court order establishing parentage in a gestational-carrier case. Plan the filing and service before delivery so the requested order addresses both intended parents where applicable, the carrier, and the birth record. Additional orders or adoption may be useful for recognition elsewhere.
Compensation and expenses are used in gestational arrangements in practice. Counsel should structure the payments carefully and distinguish them from prohibited payments for a child or adoption placement.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
