Surrogacy in Washington, D.C.: The Complete 2026 Guide

The District banned surrogacy contracts outright until 2017, then replaced the ban with a carefully drafted statute. What matters is what the current law says.

Compensation is written into the definitions. § 16-401 defines "ancillary expenses" to include "actual lost wages, compensation for risk, inconvenience, forbearance, or restriction from usual activities," and § 16-406(a)(6) requires the agreement to provide that the intended parents "shall assume the costs of all agreed-upon reasonable medical and ancillary expenses."

Her health decisions are protected by an express clause. An agreement "may not limit the right of the surrogate to make decisions to safeguard the surrogate's health or that of the embryo or fetus" (§ 16-406(c)).

Parentage does not depend on a genetic link. Under § 16-407 the intended parents are the parents "regardless of whether the intended parent or parents has a genetic relationship to the child," and the surrogate and her spouse or domestic partner are not.

An order can issue before the birth. A petition may be filed "at any time after confirmation of the pregnancy," and for a gestational surrogate the court may issue the order at any point after filing, effective upon the birth (§ 16-408).

The condition to check first is connection to the District. § 16-408(b) gives the Superior Court jurisdiction only where a party is a D.C. legal resident, has actually resided there a year, or the child is born in D.C. Settle where you will live, transfer and deliver with counsel before matching.

Surrogacy in the District is governed by D.C. Code, Title 16, Chapter 4 — "Collaborative Reproduction," §§ 16-401 to 16-412, enacted by the Collaborative Reproduction Amendment Act of 2016, D.C. Law 21-255, effective 7 April 2017.

That act replaced a prohibition. The District previously banned surrogacy contracts and attached penalties; the repealed provision still sits in the chapter. Any guidance on D.C. surrogacy written before April 2017 describes law that no longer exists.

Who may take part

The surrogate (§ 16-405(a)), at the time the agreement is executed, must be at least 21, have given birth to at least one live child, have completed a medical evaluation in which she was approved to serve, have completed a mental health evaluation in which she was approved — by a professional who "has received specialized training in, or has a practice that includes a specialty in, collaborative reproduction" — and have completed, with the intended parents, a joint consultation with a mental health professional about issues that could arise.

Two of those go further than most states: D.C. requires the evaluations to result in approval, not merely completion, and it regulates who may perform the mental health evaluation.

The intended parents (§ 16-405(b)) must be at least 21 and must have completed the same joint consultation. If an intended parent is married or in a domestic partnership, both must satisfy those requirements.

§ 16-401 defines an intended parent as "an individual, married or unmarried," so single and unmarried intended parents are covered by definition. A gestational surrogate is defined as someone who "has not provided the egg used to form any embryo that is transferred" to her.

What the agreement must contain

§ 16-406(a) requires an enforceable agreement to be in writing and executed by the surrogate, her spouse or domestic partner if any, and the intended parents; to be executed before the embryo transfer or insemination; to include an affirmation by all parties that they have independent legal counsel and have read both the agreement and the chapter; to provide that the intended parents "shall assume the costs of all agreed-upon reasonable medical and ancillary expenses"; to allocate responsibility for costs on termination of the pregnancy, termination of the contract, or breach; to provide dispute-resolution procedures; and to be notarized or signed before at least 2 witnesses who record their names, addresses and phone numbers.

§ 16-406(b) requires independent counsel for every party and adds that nothing in it "shall prevent the intended parent or parents from assuming the costs of the surrogate's legal fees" — permitted, not required.

§ 16-406(c) sets a floor a contract cannot lower: an agreement "may not limit the right of the surrogate to make decisions to safeguard the surrogate's health or that of the embryo or fetus."

§ 16-406(d) allows payment "by one or more of the following means: (1) Insurance; (2) Cash; (3) Escrow; or (4) Other arrangements satisfactory to the parties." § 16-406(e) sends any dispute to the agreement's own terms.

Compensation

D.C. handles compensation through a definition rather than a separate authorizing clause. § 16-401 defines "ancillary expenses" as those a surrogate incurs due to the surrogacy, "including legal and counseling expenses, actual lost wages, compensation for risk, inconvenience, forbearance, or restriction from usual activities, insurance premiums, expenses associated with recovery, childcare expenses, housekeeping expenses, birthing classes, nutritional expenses, maternity clothing, and travel expenses incurred during the pregnancy and directly related to the surrogacy."

Because § 16-406(a)(6) makes those expenses the intended parents' responsibility, compensation is contemplated by the statute itself. The obligation attaches to what is "agreed-upon" and "reasonable," and the chapter sets no schedule, floor or cap. Note the definition’s closing words — "incurred during the pregnancy and directly related to the surrogacy." Whether that qualifier reaches the whole list or only the travel expenses is not settled by the text; ask your D.C. attorney.

Parentage and the court order

§ 16-403 recognizes the intended parents as parents "provided, that" the parties comply with the chapter, and § 16-404 makes an agreement enforceable "provided, that" it and the parties meet §§ 16-405 and 16-406. Both are conditional on compliance.

Under § 16-407, for a child born by a gestational surrogate the intended parents are the parents "regardless of whether the intended parent or parents has a genetic relationship to the child," the child has full parent-child rights "including the rights of inheritance," and the surrogate and her spouse or domestic partner are not parents and have no rights or duties toward the child.

§ 16-408 puts the petition in the Superior Court of the District of Columbia, filed by the intended parents or the surrogate "at any time after confirmation of the pregnancy." The petition carries an affidavit from the medical professional who oversaw the transfer, a copy of the agreement, affidavits from each party, and an affidavit from each attorney confirming they did not represent both sides and that the agreement complies. The order declares parentage, directs the Registrar of Vital Records, seals the original certificate where a new one is issued, and declares the surrogate and her spouse not to be parents. § 16-408(f) requires the order of parentage itself to be sealed to protect the privacy of the parties and the child; the chapter does not say the whole proceeding is closed to the public, so ask counsel what access rules apply to the filing.

Timing. For a gestational surrogate the court "may issue an order of parentage … at any time after a petition … has been filed," and the order "shall be effective upon the birth of the child." If it has not issued before the birth, the court must issue it "no later than 45 days after the birth." That timing is the gestational rule; for a traditional surrogate § 16-408(e)(2) allows an order only "no less than 48 hours and no more than 45 days after the birth."

The jurisdictional condition — check this first

§ 16-408(b) gives the Superior Court jurisdiction only where the court finds that the intended parents or the surrogate is a legal resident of the District; or that one of them "has actually resided in the District for at least one year preceding the filing"; or that the child was born in the District.

Any one of the three is enough — the child being born in D.C. can carry a case on its own. But if none holds, the court does not have jurisdiction. Note that § 16-405 imposes no residency or nationality condition on eligibility; the connection requirement lives in the jurisdiction clause instead. The District is 68 square miles, so where you live, transfer and deliver are legal facts here. Neighboring jurisdictions are separate and have their own rules, and the wider metropolitan area is not one legal jurisdiction.

What D.C. law leaves open

• No published decision construing the chapter was located. A CourtListener search of D.C. Court of Appeals opinions on 14 August 2026 returned no decision interpreting §§ 16-401 to 16-412. Because § 16-408 proceedings are closed and records are inspectable only on consent or good cause, a quiet appellate record is expected rather than telling.
• The chapter does not say what happens if a requirement is missed. §§ 16-403 and 16-404 speak only to the complying case, and there is no "substantial compliance" provision. Treat every parentage statement here as conditional on compliance.
• § 16-411 prescribes how consent is withdrawn, not what withdrawal costs. Either side may withdraw, in writing, delivered to all parties and to the court if an order has issued. The financial consequences come from the agreement under § 16-406(a)(7).
• § 16-410 covers a narrow case. It addresses the death of an intended parent after a successful transfer where a spouse or domestic partner survives. A sole intended parent, both parents, or a death before transfer are not addressed.
• Rulemaking under § 16-412 is permissive — the Mayor "may" issue rules. Whether any have been issued is a question for D.C. counsel.

General information, not legal advice. D.C. surrogacy agreements and parentage petitions should be handled by a licensed District of Columbia attorney experienced in assisted reproduction.

Who can be an intended parent. § 16-401 covers "an individual, married or unmarried, who manifests the intent in a written agreement to be legally bound as the parent of a child" — single and unmarried intended parents by definition. § 16-407 makes you the parent "regardless of … a genetic relationship to the child," gives the child full parent-child rights "including the rights of inheritance," and provides that the surrogate and her spouse are not parents.

Before signing. Be at least 21 and complete the joint consultation with the surrogate (§ 16-405(b)). If married or partnered, both of you must meet those requirements and both must sign.

The order and the birth certificate. For a gestational surrogate the order may issue at any point after filing and takes effect upon the birth, with a 45-day outer limit if it has not issued before delivery (§ 16-408(e)). It directs the Registrar of Vital Records to name you and, where a new certificate issues after discharge, to substitute it and seal the original.

Connection to the District is a real condition. § 16-408(b) gives the Superior Court jurisdiction only if a party is a D.C. legal resident, a party has actually resided in D.C. for at least one year, or the child is born in D.C. Any one suffices; if none holds, the court lacks jurisdiction. Clinics and hospitals here routinely sit in Maryland or Virginia, which are separate jurisdictions with their own rules — settle where the transfer and delivery will happen with your attorney before matching. "The Washington area" is not one legal jurisdiction.

If something changes. A later marriage, partnership or dissolution — either side — has "no bearing on the validity of the surrogacy agreement or the child's parentage" (§ 16-409). If an intended parent dies after a successful transfer, the surviving spouse or partner assumes the obligations and both are considered parents (§ 16-410) — but that section does not cover a sole intended parent, both parents, or a death before transfer. Handle those with counsel.

A District journey with Ivy typically runs $140,000 and up, all in. The largest single line is the surrogate's compensation and ancillary expenses; the rest is agency, legal, medical, insurance, escrow and screening.

What D.C. law puts on the intended parents. § 16-406(a)(6) requires the agreement to provide that you "shall assume the costs of all agreed-upon reasonable medical and ancillary expenses." "Ancillary expenses" is defined broadly in § 16-401 — lost wages, compensation for risk and inconvenience, insurance premiums, recovery costs, childcare, housekeeping, birthing classes, nutrition, maternity clothing and pregnancy-related travel. Budget for that definition, not for a narrow list of receipts.

Legal fees. § 16-406(b) requires independent counsel for every party and permits you to assume the surrogate's legal costs. At Ivy you do.

Escrow. § 16-406(d) lets payment run through insurance, cash, escrow, or another arrangement the parties accept. Ivy uses independent escrow in every journey.

The court step. A § 16-408 petition is filed in the Superior Court of the District of Columbia. Filing and attorney costs vary — ask your D.C. attorney at the contract stage rather than assuming a figure.

Birth certificates. The DC Vital Records Division's published fee schedule lists $23.00 for a birth certificate and $18.00 for a certified copy. Order several certified copies; passports, insurance and travel documents each want their own.

Ask us for a written estimate against your own circumstances.

A District journey follows the standard gestational surrogacy path. What the statute changes is the screening, the signing formalities, and when the order can issue.

Screening, on both sides. The clinic's medical evaluation and a mental health evaluation — in D.C. you must be approved in both, with the mental health professional holding "specialized training in, or … a practice that includes a specialty in, collaborative reproduction" (§ 16-405(a)). Both sides then complete a joint consultation together.

Matching. Profiles, a video call, a mutual decision.

Contract. § 16-406(b) requires independent counsel for everyone. The surrogate and, if married or partnered, her spouse or domestic partner sign, as do the intended parents. The agreement must be notarized or signed before at least 2 witnesses who record their names, addresses and phone numbers. Compensation goes into independent escrow.

Sign before anything medical. The agreement must be executed prior to the embryo transfer (§ 16-406(a)(2)).

Transfer and pregnancy. Medications, transfer and monitoring, then prenatal care through the pregnancy.

The petition. A party may file in the Superior Court of the District of Columbia "at any time after confirmation of the pregnancy" (§ 16-408), with an affidavit from the medical professional who oversaw the transfer, a copy of the agreement, party affidavits, and an affidavit from each attorney confirming they did not represent both sides.

The order. For a gestational surrogate the court may issue it any time after filing, effective upon the birth; if not issued before the birth, no later than 45 days after. It directs the Registrar of Vital Records and declares that the surrogate and her spouse are not parents.

The District writes several of your protections into the statute rather than leaving them to whatever a contract happens to say.

Your health decisions are protected by name. A surrogacy agreement "may not limit the right of the surrogate to make decisions to safeguard the surrogate's health or that of the embryo or fetus" (§ 16-406(c)). That is a floor a contract cannot bargain away.

You get your own lawyer. § 16-406(b) requires all parties to be represented by independent counsel, and permits the intended parents to assume the cost of your legal fees — permitted, not compelled. At Ivy they pay for it.

Your medical and ancillary expenses are the intended parents' responsibility. § 16-406(a)(6) requires the agreement to say so, and "ancillary expenses" is defined in § 16-401 to include lost wages and compensation for risk, inconvenience and forbearance

You are screened, and so are they. § 16-405 requires a medical evaluation and a mental health evaluation in which you were approved, and a joint consultation with the intended parents about what could come up during the pregnancy. The intended parents must complete that joint session too.

You are not the child's parent, and neither is your spouse or partner. Under § 16-407(a) a gestational surrogate and her spouse or domestic partner "shall not be the parent or parents of the child," and the court order says so expressly (§ 16-408(d)(3)).

Either side may withdraw consent — but read § 16-411 for what that means. The statute sets out how withdrawal is done: in accordance with the agreement, in writing, and delivered to every party and to the assisted reproduction center by certified mail with receipt acknowledged, or by hand delivery with a witness — and to the Superior Court if an order of parentage has already issued. What a withdrawal does once such an order exists is not answered by the chapter. What withdrawal costs and who pays comes from your contract, under § 16-406(a)(7) — not from the statute. Ask your attorney to walk you through that clause specifically.

Start your application — about ten minutes.

Two sets of requirements apply: what the statute demands, and what Ivy and the IVF clinic ask on top of it.

What D.C. law requires (§ 16-405(a)), when the agreement is signed:

• At least 21 years of age.
• Have given birth to at least one live child.
• A medical evaluation in which you were approved to serve as a surrogate.
• A mental health evaluation in which you were approved, by a professional with "specialized training in, or … a practice that includes a specialty in, collaborative reproduction."
• A joint consultation with the intended parents and a mental health professional.
• If married or partnered, your spouse or domestic partner signs the agreement.

What Ivy asks:

• Age 20–36 at application. You may apply at 20, but § 16-405(a) requires you to be 21 when the agreement is signed, which happens before any transfer.
• At least one healthy full-term pregnancy, and currently raising that child.
• BMI of 32 or below.
• No more than 2 cesarean deliveries and no more than 5 deliveries total — these come from IVF clinic requirements, not District law.
• No smoking, vaping or THC for 6+ months.
• Not on public assistance; a stable home, reliable transportation and household support.
• U.S. citizen or lawful permanent resident.

You can apply as early as three months postpartum after a vaginal delivery, longer after a cesarean.

Where you live and deliver matters. Jurisdiction under § 16-408(b) turns on D.C. residency or a D.C. birth — tell your coordinator early if you live outside the District.

At Ivy, first-time base compensation in the District is $40,000, with $45,000–$50,000 for a second journey and $55,000–$60,000 for a third or more. With allowances and milestone payments, most packages land between $50,000 and $100,000+. See the surrogate compensation page for the full breakdown.

D.C. builds compensation into the statute itself. § 16-401 defines "ancillary expenses" to include "legal and counseling expenses, actual lost wages, compensation for risk, inconvenience, forbearance, or restriction from usual activities, insurance premiums, expenses associated with recovery, childcare expenses, housekeeping expenses, birthing classes, nutritional expenses, maternity clothing, and travel expenses incurred during the pregnancy and directly related to the surrogacy."

§ 16-406(a)(6) requires the agreement to provide that the intended parents "shall assume the costs of all agreed-upon reasonable medical and ancillary expenses." The statute sets no schedule, floor or cap; how a package is structured is a question for your D.C. attorney.

How it is paid. § 16-406(d) allows payment by "Insurance; Cash; Escrow; or Other arrangements satisfactory to the parties." Escrow is one permitted method, not a requirement — at Ivy your compensation goes into independent escrow regardless.

If things end, your contract governs. § 16-406(a)(7) requires the agreement to allocate responsibility for costs "in the event of termination of the pregnancy, termination of the contract, or breach." Read that clause with your own lawyer — in the District those consequences are contractual, not statutory.

Fertility practices with a Washington, D.C. location include:

• Shady Grove Fertility, Washington D.C.
• Columbia Fertility Associates
• CCRM Fertility, Washington DC.
• Washington Fertility Center — describes itself as serving Northern Virginia, Maryland and D.C.

This is not a ranked or complete list, and Ivy does not endorse a particular practice — we work with the clinic the intended parents choose.

One D.C.-specific point when you choose. Several practices in this market operate across the District, Maryland and Virginia, and where the embryo transfer happens is a legal fact, not a logistical one. The Superior Court's jurisdiction under § 16-408(b) turns on D.C. residency or a D.C. birth, and neighboring jurisdictions are separate, with their own rules. If the intended parents already have embryos stored elsewhere, raise it early.

Ask your D.C. attorney to settle three things together before matching: which clinic, where the delivery will happen, and which jurisdiction's law will govern.

Statutes: D.C. Code, Title 16, Chapter 4 — Collaborative Reproduction, §§ 16-401 to 16-412: § 16-401 (definitions, including "ancillary expenses"), § 16-403 (recognition of parentage), § 16-404 (agreements enforceable), § 16-405 (requirements of surrogates and intended parents), § 16-406 (contents of agreements), § 16-407 (parentage), § 16-408 (court order), § 16-409 (later marriage or dissolution), § 16-410 (death of an intended parent), § 16-411 (withdrawal of consent), § 16-412 (rules).

Enacted: the Collaborative Reproduction Amendment Act of 2016, D.C. Law 21-255, effective 7 April 2017. It replaced the District's former prohibition, which remains in the chapter in repealed form.

Case law: a CourtListener search of D.C. Court of Appeals opinions on 14 August 2026 found no decision interpreting §§ 16-401 to 16-412. In re Petition of S.U. & C.U.; C.J., No. 22-FS-569 (D.C. 2023), mentions the chapter but does not interpret its surrogacy requirements. § 16-408(f) requires the order itself to be sealed. An appellate-opinion search, not a docket or citator search.

Court: the Superior Court of the District of Columbia (§ 16-408).

Birth certificates: the DC Vital Records Division, DC Health.

Getting started with Ivy: surrogate application · intended parents · compensation · contact us.