An introduction to the laws of Assisted Reproductive Technology (ART) in the District of Columbia

Generally, is the District of Columbia (DC) friendly to ART? Yes, DC is very ART friendly.

Is the District of Columbia friendly to non-married couples? Yes, DC is friendly to non-married individuals and couples.

Is the District of Columbia friendly to LGBT families? Yes, Maryland is friendly to LGBTQ families.

Is the District of Columbia friendly to a single intended parent?  Yes, DC is friendly to a single intended parent.

Are there statutes in place for surrogacy?   Yes, there is a surrogacy friendly statute in place in DC.

Does the District of Columbia have an embryo donation statute? Yes, DC does have an embryo donation statute.

Does the District of Columbia have an egg donation statute? Yes, DC has an egg donation statute.

In the District of Columbia, is gestational surrogacy (third party gamete use) permitted? Yes, gestational surrogacy (third party gamete use as well) is permitted in DC.

In the District of Columbia, is traditional surrogacy (use of the surrogate’s genetic material) permitted? Yes, traditional surrogacy is permitted in DC, using the surrogate’s genetic material.

In the District of Columbia, is compensated surrogacy allowed by statute?  In practice?  Yes, in DC compensated surrogacy is allowed under statute, and yes compensated surrogacy is used in practice and allowed.

In the District of Columbia, is uncompensated (expense reimbursement only) surrogacy allowed by statute?  In practice? Yes, uncompensated surrogacy is allowed by statute in DC, and yes expense reimbursement only in a surrogacy is allowed in DC by statute.

Does the District of Columbia only permit a Gestational Carrier to be reimbursed for expenses (altruistic)?  No, the statute in DC does not limit the reimbursement to a gestational carrier for expenses only (altruistic surrogacy only).  The DC statute allows for other payments and reimbursements to the gestational carrier.

Are surrogacy agreements enforceable, void or prohibited in the District of Columbia? Surrogacy agreements are enforceable in the District of Columbia.

Do both Intended Parents both have to be genetically related to the child in the District of Columbia? No, in DC both intended parents do not have to be genetically related to the child.

Does the District of Columbia require at least one Intended Parent to be genetically related to the child?  No, the District of Columbia does not require at least one intended parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child in the District of Columbia? If a single intended parent uses surrogacy in the DC they do not have to be genetically related to the child.

Do the Intended Parents have to be married in the District of Columbia? No, intended parents do not have to be married in the District of Columbia when utilizing surrogacy or undergoing any donation.

In the District of Columbia, do two Intended Parents have to be opposite genders? No, in the District of Columbia, two intended parents do not have to be opposite genders.

Does the District of Columbia allow pre-birth parentage orders to be issued for surrogacy? Yes, with the right jurisdiction requirements met DC allows for a pre-birth order or judgment to be issued for a surrogacy.

Does the District of Columbia only allow a post-birth parentage order to be issued? No, DC allows both a pre and a post birth parentage order, depending on the jurisdiction requirements and connection to DC.

Can you obtain both a pre and post birth order in the District of Columbia for the same child? Yes, with jurisdiction requirements met, you can obtain both a pre and a post birth order if desired in the District of Columbia.

Can you obtain a parentage order if only the gestational carrier resides in the District of Columbia? Yes, you may obtain a parentage order if only the gestational carrier resides in DC.

Can you obtain a parentage order if only the intended parents reside in the District of Columbia? Yes, you may obtain a parentage order if only the intended parent or parents reside in DC.

Can you obtain a parentage order if only the birth occurs in the District of Columbia? Yes, you may obtain a parentage order if only the birth occurs in DC, as a post-birth order.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in the District of Columbia?  No, you may not obtain a parentage order if only the medical procedures and/or IVF clinic is in DC.

What is the basis for venue in the District of Columbia? Residency of a party or birth is the basis for venue in the District of Columbia.

Do results vary by venue? No, there is only one Court in the District of Columbia so results do not vary by venue.

Is a hearing required for a parentage order in the District of Columbia? No, a hearing is not required for a parentage order in DC.

Does the District of Columbia have a passport office? Yes, DC does have a passport office.

How long does it take to obtain a birth certificate in the District of Columbia? A few weeks usually and will require the filing of the appropriate forms with DC vital records.

Will the District of Columbia’s vital records honor a parentage order from another state? Yes, with registration/domestication DC will honor a parentage order from another state.

Does the District of Columbia vital records office require a parentage order from another state to be registered? Yes, DC vital records does require a parentage order from another state to be registered in the District of Columbia.

How does the birth certificate list same-sex parents in the District of Columbia? The DC birth certificate lists same-sex parents as Parent and Parent.

Can an initial birth certificate be obtained naming the biological parent and the gestational carrier in the District of Columbia?  Yes, if needed an initial birth certificate may be obtained naming the biological parent and the gestational carrier in DC.

Can the birth certificate be amended to include only the biological parent or both intended parents in the District of Columbia? Yes, the birth certificate in DC may be amended to include only the biological parent or both intended parents.

Do your amended birth certificates say “amended” on them in the District of Columbia? No, a DC amended birth certificate will not say “amended” on it.

Can intended parents in a surrogacy obtain an adoption order in the District of Columbia? Yes, intended parents in a surrogacy may obtain an adoption order in DC.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the District of Columbia should not rely exclusively on these printed responses.  All these issues should be discussed with a District of Columbia ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.