Assisted Reproduction and Surrogacy in Maryland
Assisted reproduction has changed the way many families are created. IVF, sperm donation, egg donation, embryo donation, and surrogacy arrangements are now common throughout Maryland and across the country.
While these medical advances make parenthood possible for many individuals and couples, they also raise important legal questions about parentage, custody, and enforceability of agreements. Attorney Neveen Kurtom represents intended parents, surrogates, and individuals pursuing assisted reproduction arrangements throughout Maryland. These cases require careful legal planning to ensure that parentage is clearly established and protected from future dispute.
What Is Assisted Reproduction Under Maryland Law?
Maryland law defines assisted reproduction broadly as any method of causing pregnancy other than sexual intercourse. This includes:
In vitro fertilization (IVF)
Intrauterine insemination (IUI)
Sperm donation
Egg donation
Embryo donation
Intracytoplasmic sperm injection (ICSI)
These methods are commonly used in both fertility treatment and surrogacy arrangements. Because assisted reproduction often involves third parties, Maryland law places significant emphasis on intent, consent, and written agreements when determining legal parentage.
How Maryland Determines Parentage in Assisted Reproduction Cases
One of the most important issues in assisted reproduction cases is determining who is the legal parent of a child.
In Maryland, parentage is not determined solely by genetic connection. Instead, the law recognizes that:
A gamete donor is generally not a legal parent
A spouse or intended parent may be the legal parent if they consented to conception
Written agreements and intent are critical in establishing parentage
For example, a child conceived through assisted reproduction during a marriage with consent of both spouses is generally considered the legal child of both parties under Maryland law. Without proper documentation, however, disputes can arise regarding custody, support, and parental rights.
Why Legal Agreements Are Essential in Assisted Reproduction
Assisted reproduction arrangements should always be supported by clear, written legal agreements before medical procedures occur.
These agreements typically address:
Legal parentage of the child
Rights and responsibilities of intended parents
Role (or lack of role) of donors
Surrogacy terms and expectations
Financial responsibilities (medical costs, compensation if applicable)
Consent for embryo transfer
Procedures for establishing parentage after birth
Without proper legal documentation, parties may face uncertainty regarding parental rights even when everyone initially agrees on intentions.
Surrogacy in Maryland
Surrogacy involves a woman carrying a pregnancy for intended parents.
There are two primary types:
Gestational Surrogacy
The surrogate has no genetic relationship to the child. An embryo created through IVF is transferred to the surrogate.
Traditional Surrogacy
The surrogate is also the egg donor and has a genetic relationship to the child. Gestational surrogacy is far more common and generally preferred due to reduced legal complexity and clearer parentage outcomes. Attorney Neveen Kurtom assists clients with drafting and reviewing surrogacy agreements and obtaining court orders establishing parentage before or shortly after birth.
Pre-Birth and Post-Birth Parentage Orders
One of the most important legal steps in surrogacy and assisted reproduction cases is obtaining a court order confirming legal parentage.
These orders:
Establish the intended parents as the legal parents
Ensure the birth certificate reflects correct parentage
Prevent future custody disputes
Provide legal security for hospitals and agencies
In many cases, pre-birth orders are used so that the intended parents’ rights are recognized immediately at birth.
Common Legal Issues in Assisted Reproduction Cases
Even when everyone begins the process with agreement, legal disputes may arise if documentation is incomplete or unclear.
Common issues include:
1. Disputes Over Parentage
If there is no written agreement, questions may arise about whether a donor or surrogate has parental rights.
2. Lack of Proper Consent
Maryland law places significant emphasis on written consent for assisted reproduction procedures. Without it, parentage may be challenged.
3. Relationship Changes During Pregnancy
If intended parents separate or a relationship ends during pregnancy, parentage and financial responsibility issues may become contested.
4. International or Out-of-State Surrogacy Arrangements
Different states and countries may apply different parentage standards, creating complications in recognition of legal parentage.
What Happens Without a Proper Agreement?
Without a properly drafted assisted reproduction or surrogacy agreement:
A donor may attempt to assert parental rights
A surrogate may face uncertainty regarding obligations
Intended parents may need to litigate parentage in court
Birth certificate issuance may be delayed or contested
Maryland courts will look closely at intent, written documentation, and statutory compliance when resolving these disputes.
Who Should Have an Assisted Reproduction Agreement?
Legal agreements are strongly recommended for:
Married couples using donor sperm or eggs
Unmarried intended parents
LGBTQ+ couples
Single parents using surrogacy or donors
Surrogates participating in gestational arrangements
Embryo donation arrangements
These agreements protect all parties and provide clarity before medical procedures occur.
Why These Cases Require Experienced Legal Counsel
Assisted reproduction law sits at the intersection of family law, contract law, and parentage statutes. Small drafting errors or missing documents can create significant legal complications after a child is born.
Attorney Neveen Kurtom assists clients by:
Drafting and reviewing surrogacy agreements
Advising intended parents on legal risks before conception
Preparing parentage petitions and court filings
Coordinating pre-birth and post-birth orders
Ensuring compliance with Maryland parentage statutes
The goal is to ensure that intended parents are legally recognized from the outset and that all parties understand their rights and obligations.
Schedule a Consultation
If you are considering IVF, surrogacy, or any form of assisted reproduction in Maryland, it is important to secure legal protections before proceeding.
Contact the Law Office of Neveen Kurtom to ensure your parental rights are properly established and protected.