Yes, surrogacy is legal in Washington, D.C., but strictly regulated under the Surrogacy Parentage Act of 2017, which took effect in 2020. The law permits gestational surrogacy agreements, provided they comply with D.C. Superior Court oversight and exclude commercial surrogacy fees. Intended parents must petition for parentage post-birth, and surrogates retain termination rights until the court finalizes the order.
Key Regulations for Surrogacy in Washington D.C.
- Gestational surrogacy only: Traditional surrogacy (using the surrogate’s egg) is prohibited. Agreements must involve embryos created from the intended parents’ or donors’ gametes.
- No commercial fees: Compensation beyond “reasonable expenses” (e.g., medical, legal, or living costs) is illegal. Violations may result in criminal penalties under D.C. Code § 16-401.
- Court validation required: Intended parents must file a parentage petition in D.C. Superior Court pre- or post-birth. The court issues a judgment of parentage to establish legal parenthood, overriding the surrogate’s parental rights.