Washington, D.C. surrogacy law knowledge is important to ensure that intended parents are legally secure and have an easy process. Law in D.C. is also positive towards gestational surrogacy, but the knowledge regarding the intricacies of parentage, Child Parent Security Act (CPSA), and pre-birth orders is essential.
This Surrogacy4All 2026 guide covers the Washington, D.C. legal environment of intended parents, surrogates, and agencies.
Overview of Surrogacy Law in Washington, D.C.
Washington, D.C., embraces gestational surrogacy and pre-birth parentage agreements, which grant intended parents’ rights before giving birth.
To know:
- Gestational surrogacy is recognized by law; traditional surrogacy is less recognized owing to challenges with the law.
- The Child Parent Security Act (CPSA) regulates parental rights, surrogacy contracts, and legal status.
- Intended parents may procure a pre-birth parentage order to have instant legal recognition at birth.
Surrogacy4All ensures all legal forms are D.C. compliant to safeguard the surrogate and intended parents.
Understanding the Child Parent Security Act (CPSA)
The CPSA enshrines the legislation for:
- Validating surrogacy arrangements
- Providing legal rights for intended parents
- Ensuring the best interests of the child
It demands:
- Signed, notarized surrogacy agreement
- Independent legal representation of surrogate and intended parents
- Open recordation of medical procedures and financial situation
Respect for CPSA laws makes the surrogacy process legally safe and binding.
Pre-Birth Parentage Orders
Pre-birth parentage order enables intended parents to:
- Be included on the birth certificate as legal parents
- Avoid post-birth custody or parental conflicts
- Streamline hospital routine and insurance coverage
Eligibility for this order:
- Petition the D.C. Family Court before embryo transfer or pregnancy
- Include surrogacy agreement, medical history, and consent of all parties
- Seek the services of a professional surrogacy agency, such as Surrogacy4All, for accuracy
Legal Rights and Responsibilities of Surrogates
Surrogates in D.C.:
- Must be given before embryo transfer.
- Have the sole right to their own independent legal representation.
- Can’t claim parental rights if proper agreements and CPSA regulations are present
Firms like Surrogacy4All give proper information and surrogates’ protection throughout the process.
Role of Legal Counsel
Both intended parents and surrogates should each have their own independent legal representation:
- Draft and negotiate surrogacy agreements
- Petition for pre-birth or post-birth parentage orders
- Address possible disputes or surprising situations
Having a lawyer ensures everyone’s rights are preserved and that the process of surrogacy is in line with D.C. law.
Final Words
Knowledge of Washington, D.C. surrogacy law is crucial to prevent legal issues. CPSA, surrogacy contracts, and pre-birth parentage orders provide intended parents with a secure legal position.
For professional guidance on surrogacy law, legal contracts, and parentage orders in D.C., call Surrogacy4All at (212) 661-7673. Our experts make your surrogacy process legal and easy.
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FAQs
Q1. Is gestational surrogacy legal in D.C.?
Ans. Yes, gestational surrogacy is strictly legal under the Child Parent Security Act (CPSA).
Q2. What is a pre-birth parentage order?
Ans. A court order acknowledging intended parents as the legal parents of the baby prior to giving birth.
Q3. Do surrogates have legal rights?
Ans. Yes, surrogates need to provide informed consent and have their own separate legal representation.
Q4. Is legal counsel mandatory for surrogacy?
Ans. Yes, both the intended parents and the surrogates need to have their own attorney to make agreements legally enforceable.
Q5. Are surrogacy laws the same in Maryland?
Ans. Maryland permits gestational surrogacy but usually has post-birth affirmations of parentage; D.C. permits pre-birth orders.

Dr. Pooja Patel
Dr. Pooja Patel is a Chief Surrogacy Coordinator at Surrogacy4all. She has 10 years of experience in Anesthesiology and critical care medicine.
She received her medical degree from Seth GS Medical College and K.E.M Hospital in India. She then completed an internship. She finished her Anesthesia residency at Grant Govt Medical College and JJ Group of Hospitals in India.




