Legal Framework and Considerations
- AI: Recognized by Statute
- NI: Not Recognized
- Sperm donor agreement: Unknown
Maryland’s legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by the Maryland Parentage Act, enacted via 2015 Md. Laws ch. 346 and codified in Md. Code Ann., Fam. Law § 5-1001 et seq.. Influenced by the 2017 Uniform Parentage Act (UPA), this statute emphasizes intent over procedure, explicitly exempting donors from paternity without requiring physician involvement. This aligns Maryland with permissive states like Maine and Minnesota, offering a modern and clear approach to informal AI as of October 2025. Surrogacy is regulated under Md. Code Ann., Fam. Law § 5-1030 et seq., but informal AI falls under broader donor rules per § 5-1027, with surrogacy agreements requiring validation for donor exemptions.
Core Provisions
| Provision | Statute | Key Implications |
|---|---|---|
| Assisted Reproduction | § 5-1001(b) | Defines as method causing pregnancy other than intercourse, including intrauterine/intracervical insemination, gamete/embryo donation, IVF, and intracytoplasmic sperm injection. Broadly encompasses at-home AI; no physician required. |
| Gamete Donor | § 5-1001(h) | Defines as individual providing gametes for assisted reproduction, excluding mother using her ovum. Applies to anonymous/known; no medical mandate. |
| Donor Non-Parentage | § 5-1027(c) | Donors have no parental rights or duties for children conceived via assisted reproduction. Applies to informal AI; exceptions if adjudicated genetic parent with intent (§ 5-1002). |
| Intent-Based Parentage | § 5-1027(a) | Consenters with intent to parent are parents; signed record or evidence. Presumptions for spouses; donors excluded absent intent. |
| Consent Withdrawal | § 5-1028(a) | Consent in signed record; revocable pre-transfer. Courts use intent if absent; disputes via adjudication. |
Key Court Cases (2024-2025)
No Maryland Court of Appeals cases directly address informal AI under § 5-1027 as of October 2025. Pre-2015 precedents inform the shift:
- Pre-Act Legacy: In re Roberto d.B. (399 Md. 267, 923 A.2d 115, 2007): Denied non-bio mother's standing in surrogacy pre-reform; now superseded by intent-based Act.
- Post-Act: Sieglein v. Schmidt (447 Md. 647, 136 A.3d 751, 2016): Affirmed intent in assisted reproduction, supporting donor exemptions under § 5-1027.
2025 outlook: Early rulings expected to uphold Act's permissiveness for documented informal AI.
Practical Steps & Risks
- Documentation: Intended parents and donor should sign a pre-conception agreement clarifying non-parental intent (§ 5-1028). Not mandatory for exemption but crucial evidentiary tool; can also establish intended parent rights (§ 5-1027).
- Health Screens: Obtain private STI and genetic carrier tests; no state mandate for informal arrangements, but essential to mitigate risks.
- Non-Bio Parent Rights: For couples, use signed consent (§ 5-1027) or acknowledgment (§ 5-306) post-birth to secure the non-birthing parent's rights—simpler/cheaper than adoption (§ 5-301). Married spouses get presumption.
- Risks: Natural insemination (NI) rarely protected—biology presumes paternity. Undocumented AI vulnerable if intent challenged; out-of-state moves may invoke UIFSA. Maryland's progressive Act minimizes uncertainty with clear intent rules.
- Consult: Contact the Maryland State Bar Association's Lawyer Referral Service for family law experts: Find a Lawyer (410-685-7878).