What disqualifies you from being a surrogate?

Common disqualifying factors include no prior births, active tobacco or nicotine use, currently receiving government financial assistance, three or more prior C-sections (at many agencies), a BMI over 32, certain mental health histories, and a felony criminal record.

How much do surrogates actually get paid?

In Maryland, surrogates typically earn $57,000–$83,000 in total compensation for a full journey. This is paid in installments throughout the pregnancy, not as a lump sum or a salary.

Is there an age limit to become a surrogate?

Most agencies require surrogates to be between 21 and 40 years old, though some set the upper limit at 38. First-time surrogates are typically preferred to be under 35, since pregnancy risk rises with age.

How Much Do Surrogates Make in Maryland (2026)

Compensation

Surrogate Compensation in Maryland

Base Compensation	$50,000 – $65,000
Monthly Allowance	$3,000 – $6,000
Maternity Clothing	$1,000 – $2,000
Lost Wages	$3,000 – $10,000
Total Potential	$57,000 – $83,000

Base Compensation	$60,000 – $80,000
Monthly Allowance	$3,000 – $6,000
Maternity Clothing	$1,000 – $2,000
Lost Wages	$3,000 – $10,000
Total Potential	$67,000 – $98,000

Estimated ranges based on average compensation in Maryland. Actual compensation is determined by the agency. Sources: Industry surveys of 30+ agencies, 2024–2026 data.

Legal

Maryland Surrogacy Laws

Maryland has no surrogacy statute. The governing authority is In re Roberto d.B. (2007), in which Maryland's highest court held that a trial court erred in refusing to let a gestational carrier remove her name as “mother” from the birth certificate — an implicit endorsement of gestational surrogacy. The court expressly left surrogacy policy to the legislature, which has not acted since.

A distinction that affects your compensation

A 2000 Maryland Attorney General opinion concluded that compensated traditional surrogacy conflicts with Maryland adoption law, which bars payments beyond medical, legal and counseling expenses. That opinion is directed at traditional surrogacy, where the carrier uses her own egg. Compensated gestational surrogacy is practised in Maryland without an equivalent restriction — but no statute affirmatively authorises it either.

Parentage — favourable, but jurisdiction-dependent

Pre-birth orders are granted and both intended parents can be named regardless of genetic connection or marital status, including same-sex couples, usually without a hearing. Approval nonetheless varies by jurisdiction, and motions to waive venue are received inconsistently. Second-parent adoption is the usual fallback.

No statutory protections

Maryland imposes no statutory eligibility rules on surrogates, does not require you to have independent counsel, does not allocate who pays for it, and provides no statutory medical autonomy or right to withdraw before transfer.

Your contract is the only floor. Because no statute sets minimum terms here, nothing in law guarantees you your own attorney, protects your right to decide on a caesarean or the number of embryos transferred, or lets you withdraw before transfer without penalty. In states with a statute those things are automatic; here they exist only if they are written into your agreement. Retain your own lawyer — not one referred by the agency — and have these terms negotiated in before you sign.

Source: In re Roberto d.B., 399 Md. 267 (2007); Maryland Attorney General Opinion (2000).

Compare surrogacy laws in all 50 states →

Requirements

Maryland Surrogate Requirements

The criteria below are agency screening standards, not state law. No statute here sets a minimum age, requires a prior birth, or mandates medical or psychological evaluation. Agencies apply these criteria (largely from ASRM practice guidance) and they determine whether your application proceeds — but they are policy, and some are negotiable.

Age: 21–40 years old

Have given birth to at least one healthy child

BMI under 32

Non-smoker

No disqualifying health conditions

U.S. citizen or permanent resident

Financially stable (not receiving government assistance)

Final eligibility is determined by the agency's medical team.

How to become a surrogate in Maryland: full requirements & qualifications →

The Process

How Surrogacy Works in Maryland

Apply

Complete application in 10–15 minutes. Agency contacts you within 48 hours.

Medical Screening

Physical exam, bloodwork, and uterine evaluation — paid for by the agency.

Match with Intended Parents

Review profiles and meet potential intended parents. You always have the right to say no.

Legal Contract

Surrogacy agreement reviewed by your own attorney, funded by the agency.

Embryo Transfer & Pregnancy

Monthly compensation begins immediately after transfer. All medical costs covered.

Delivery & Final Payment

Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.

See how surrogacy works, step by step →

FAQ

Surrogate FAQ: Maryland

Is surrogacy legal in Maryland?

Yes. Maryland has no surrogacy statute, but its highest court has implicitly approved gestational surrogacy. Compensated traditional surrogacy conflicts with Maryland adoption law.

Do I have to live in Maryland to be a surrogate here?

Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.

Is surrogate pay taxable in Maryland?

Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Maryland-specific guidance.

How long does surrogacy take in Maryland?

18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.

Compare States