District of Columbia Surrogacy Laws

District of Columbia Surrogacy Laws

Both gestational and traditional surrogacy are permitted by statute in the District of Columbia (DC Law § 21-0255.). D.C. statute requires both the intended parents and surrogate (including the surrogate’s spouse or domestic partner, if any) to execute a written agreement prior to embryo transfer or insemination.  

The surrogate must be over the age of twenty-one, have given birth to at least one live child, and complete physical and mental health evaluations prior to becoming a Washington, D.C., surrogate. Intended parents must be older than twenty-one and complete joint mental health consultations with the surrogate.

Laws Concerning Parentage Orders in the District of Columbia

Statute allows for courts to grant D.C. pre-birth parentage orders, but results can vary (DC LAW § 16-408.). In cases of gestational surrogacy, courts will grant pre-birth parentage orders prior to birth. However, the order does not become effective until the child is born.  

In cases of traditional D.C. surrogacy, a parentage order will not be issued until forty-eight hours after the birth of the child and no more than forty-five days after birth.

Egg and Sperm Donor Law in Washington, D.C.

Under District of Columbia statute, a gamete or embryo donor who is not the intended parent (and that donor’s spouse, if any) is not the parent of the child and has no rights, powers, privileges, duties, or obligations to the child (DC LAW § 16-407).

District of Columbia Stepparent and Second-Parent Adoption Law

D.C. allows for a stepparent to adopt their partner’s child. The District of Columbia also allows stepparent adoptions for both opposite- and same-sex couples and does not require that the child’s biological parent be married to the stepparent.

Fertility Clinics in Washington, D.C.

Call Baby Steps

Hopeful parents in the D.C. area shouldn’t have to waste their time trying to navigate complex District of Columbia surrogacy laws. To save time and stress, reach out to Baby Steps Surrogacy Center. Call us at 412-281-9906 or reach us through the contact buttons at the top of this page.