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District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 16-405: Requirements of surrogates and intended parents.

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Where this section sits in the code
  1. Title 16. Particular Actions, Proceedings and Matters. [Enacted title]
  2. Chapter 4. Collaborative Reproduction.

(a)

An individual seeking to serve as a surrogate shall enter into a written surrogacy agreement and, at the time that the surrogacy agreement is executed, shall:

(1)

Be at least 21 years of age;

(2)

Have given birth to at least one live child;

(3)

Have undergone a medical evaluation in which the individual was approved to serve as a surrogate;

(4)

Have completed a mental health evaluation by a mental health professional in which the individual was approved to serve as a surrogate; provided, that the mental health professional has received specialized training in, or has a practice that includes a specialty in, collaborative reproduction; and

(5)

Have completed, with the intended parent or parents, a joint consultation with a mental health professional regarding issues that could arise during the surrogacy.

(b)

(1)

An individual or individuals seeking to become an intended parent or parents shall enter into a written surrogacy agreement and, at the time the surrogacy agreement is executed, shall:

(A)

Be at least 21 years of age; and

(B)

Have completed with the surrogate a joint consultation with a mental health professional regarding issues that could arise during the surrogacy.

(2)

If an individual is married or in a domestic partnership, both parties to the marriage or domestic partnership must satisfy the requirements of this subsection.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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