State Laws and Legislation

D.C. Surrogacy Law

Summary: All surrogacy agreements, regardless of the sexual orientation of the individuals involved, are prohibited by law in the District of Columbia.

Explanation: Under D.C. law, both traditional (in which the surrogate mother is the biological contributor of the egg) and gestational (in which the surrogate mother is not the biological contributor of the egg) surrogacy agreements are prohibited and unenforceable. Violation of the statute is punishable by a fine of up to $10,000.00, or jail time of as much as one year, or both. However, it is important to note that this law prohibits only surrogacy agreements, and not the act of surrogacy itself.

It is legal in D.C. for lesbian, gay, bisexual and transgender (LGBT) couples to jointly adopt a child, and it also legal for LGBT individuals to adopt the child of their same-sex partner.

Citations: D.C. CODE §§ 16-401, 402 (2009);In re M.M.D., 662 A.2d 837 (D.C. 1995).

Updated: Tue, September 08, 2009 - 11:00:01