(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.
(Apr. 7, 2017, D.C. Law 21-255, § 2(e), 64 DCR 2037.)
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 4 - Collaborative Reproduction
§ 16–402. Prohibitions and penalties. [Repealed]
§ 16–403. Collaborative reproduction authorized
§ 16–404. Surrogacy agreements authorized
§ 16–405. Requirements of surrogates and intended parents
§ 16–406. Contents of surrogacy agreements
§ 16–407. Parentage in collaborative reproduction
§ 16–408. Court order of parentage
§ 16–410. Effect of death of intended parent