Gestational and genetic surrogacy agreements are enforceable in court. In the case of genetic surrogacy, either the intended parents or the surrogate can change their mind up to 48 hours after the birth of the child.
A surrogate may request reimbursement in excess of the expenses incurred.
All intended parents, including single parents, may enter into a surrogacy agreement regardless of their marital status.
State law defines some rights of the surrogate:
- A surrogate must be represented by independent legal counsel of her choosing, but the intended parents are not required to pay for it.
- Surrogacy contracts must provide for the surrogate to “maintain control and decision-making authority over the surrogate’s body” and “may not limit the right of the surrogate to make decisions to safeguard the surrogate’s health or that of the embryo or fetus.”
- One of the parties must be a resident of D.C. or live in D.C. for one year, unless the child was born in D.C.