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Baltimore Attorneys Offer Legal Assistance in Building Families

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Thanks to new advances in the field of infertility and assisted reproduction, countless couples have achieved their dream of building a family. However, as the technology has advanced, a number of legal questions have been raised about the rights of those involved in these fertility treatments.

Fertility treatments that involve a third party, such as surrogacy or egg donation, have brought about the most questions. In order to deal with these and protect the rights of those involved, a new field of law-- called Reproductive Technology Law or Family Building Law—has developed.

Baltimore Law Practices

Surrogacy is widely considered the most legally complex of the assisted reproduction procedures. In particular, traditional surrogacy raises a number of questions, since the surrogate uses her own eggs to conceive the child.

Before beginning a fertility treatment that involves a third party, such as surrogacy, it is recommended that you retain the services of a reproductive law attorney. This infertility lawyer can help draw up custody and surrogacy agreements, as well as handle other issues like insurance claim issues or embryo disposition issues.
The following reproductive law attorneys in the Baltimore area work with intended parents in Maryland:

  • John R. Greene
  • Jennifer Fairfax
  • Margaret “Peggy” Swain
  • Peter J. Wiernicki
  • Sherry L. Leichman


Surrogacy is considered the most legally complex of all of the assisted reproduction procedures. However, like many states, Maryland does not have a clear law on the surrogacy process.

While there is no explicit Maryland law on surrogacy agreements, related ruling seems to suggest that compensated agreements are unenforceable. Maryland law prohibits payment for adoption services, which includes the purchase of minors. It is not clear whether this applies to surrogacy agreements, but a 2000 opinion by the Maryland Attorney General has indicated that a surrogacy agreement in which the birth mother was paid a fee was unenforceable.

Because the surrogacy laws in Maryland are unclear, it is important you retain the services of a reproductive law attorney. Your infertility lawyer will help draw up contracts that protect the rights of all those involved.


If you are considering a domestic or international adoption, be sure to consut with an adoption lawyer. Your adoption lawyer will develop a post-adoption agreement, which will clarify birth parents’ roles in the child’s life. Your adoption lawyer will also help you understand how Maryland adoption laws pertain to your specific situation.