{"data":{"id":"us-dc/d.c.-code-16-406","jurisdiction":"us-dc","citation":"D.C. Code § 16-406","heading":"Contents of surrogacy agreements.","body":"(a)\nAn enforceable surrogacy agreement shall:\n(1)\nBe in writing and executed by the surrogate and the surrogate's spouse or domestic partner, if any, and the intended parent or parents;\n(2)\nBe executed prior to the embryo transfer or insemination;\n(3)\nInclude an affirmation by all parties that they have independent legal counsel and have read the surrogacy agreement and this chapter and understand the requirements of both;\n(4)\nInclude an affirmation by the surrogate and the surrogate's spouse or domestic partner, if any, that the surrogate and the surrogate's spouse or domestic partner:\n(A)\nAcknowledge and agree that the surrogate and the surrogate's spouse or domestic partner are not and shall not be the parents of the child;\n(B)\nAgree to surrender physical custody of the child to the intended parent or parents immediately after the child's birth;\n(C)\nAgree that at all times during the pregnancy and until delivery, regardless of whether the court has issued an order of parentage, the surrogate shall maintain control and decision-making authority over the surrogate's body;\n(D)\nAgree to cooperate in any necessary legal proceedings to recognize the intended parent or parents as the legal parent or parents or any other proceeding related to the surrogacy agreement; and\n(E)\nAgree to all other terms, consistent with this chapter and as negotiated and agreed upon by the surrogate, the surrogate's spouse or domestic partner, and the intended parent or parents;\n(5)\nInclude an affirmation by the intended parent or parents that the parent or parents shall:\n(A)\nAccept physical custody of the child immediately after the child's birth, regardless of the child's gender or mental or physical condition or the number of children; and\n(B)\nAssume sole responsibility for the support of the child immediately after the child's birth, including paying for any funeral expenses if a stillbirth, preterm birth, or any other birth issue occurs that results in the child's death;\n(6)\nProvide that the intended parent or parents shall assume the costs of all agreed-upon reasonable medical and ancillary expenses;\n(7)\nAllocate responsibility for the assumption of costs in the event of termination of the pregnancy, termination of the contract, or breach of the contract by any party;\n(8)\nProvide procedures for dispute resolution; and\n(9)\nBe notarized or signed before a minimum of 2 witnesses who shall document their names, addresses, and phone numbers.\n\n(b)\nThe surrogate and the surrogate's spouse or domestic partner, if any, and the intended parent or parents shall be represented by independent legal counsel in the preparation, counseling, and negotiation of the surrogacy agreement. Nothing in this subsection shall prevent the intended parent or parents from assuming the costs of the surrogate's legal fees.\n\n(c)\nA 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.\n\n(d)\nPayment of reasonable medical and ancillary expenses shall be made by one or more of the following means:\n(1)\nInsurance:\n(2)\nCash;\n(3)\nEscrow; or\n(4)\nOther arrangements satisfactory to the parties, pursuant to the terms of the surrogacy agreement.\n\n(e)\nAny dispute related to a surrogacy agreement shall be resolved by the terms set forth in the surrogacy agreement.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 4. Collaborative Reproduction."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-406","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"b2acffc6f7754fbe6de2e073d0f6f747e776714573fb6ac613b494303aaf7a17","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-405","next":"us-dc/d.c.-code-16-407"},"notice":"GroundRules: Original legal text. Not legal advice."}