Surrogacy in Washington, D.C.

Gestational Surrogacy in Washington, D.C.

Surrogacy is legal in Washington, D.C. Our nation’s capital has an express surrogacy statute called the Collaborative Reproduction that outlines surrogacy agreements, requirements of intended parents and surrogates, and the parentage process.

Understanding Surrogacy Laws in Washington, D.C.

Legal Parentage

DC statutes (DC Law §§ 16-401 – 16-412) provide that all intended parents can obtain pre-birth orders establishing their parentage regardless of genetic connection, marital status, sexual orientation or need for surrogacy. Said orders do not become effective until the moment of birth and either the intended parents or gestational carrier need to have resided in DC for at least one (1) year. If neither party meets the residency requirement, a post-birth order can be obtained.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Washington D.C. Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Washington, D.C. Surrogacy Law

Do You Need a Medical Need for Surrogacy in Washington, D.C.?

The DC statute does not state whether there is a medical need requirement. As such, social surrogacy may be pursued. However, it may be best to have a medical need; meaning there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Washington, D.C. permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Washington, D.C., intended parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Washington, D.C.?

International parents can pursue surrogacy in Washington, D.C. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Washington, D.C. allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Washington, D.C. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Washington, D.C.

It depends. Intended parents do not need to be Washington, D.C. residents to carry out a surrogacy journey in Washington, D.C. Similarly, gestational carriers are not required to reside in Washington, D.C. However, either the intended parents or the surrogate must have at least one year of residency to obtain a pre-birth order. If the basis of jurisdiction is that the baby was born in Washington, D.C., then a post-birth order can be obtained.