Maryland Statutes
Part III - Action Without Consent
Section 20-111 - Posthumous Use of Sperm or Egg

(a)    (1)    This section applies to the use of sperm or eggs from a donor known to the individual who intends to become a parent through the use of the sperm or eggs.
        (2)    This section does not apply to the use of sperm or eggs donated to a tissue bank or fertility clinic by a donor who intended to remain anonymous either indefinitely or until a child that results from the use of the sperm or eggs becomes an adult.
    (b)    A person may not use sperm or eggs from a known donor after the donor’s death for the purpose of assisted reproduction, if:
        (1)    The person knows that the known donor died and did not give consent for the posthumous use of the sperm or eggs; or
        (2)    The donor or the individual who intends to become a parent through the use of the sperm or eggs receives any remuneration for the donation or use of the sperm or eggs.
    (c)    A donor’s consent to the posthumous use of the donor’s sperm or eggs given on or after October 1, 2012 is not valid unless it is:
        (1)    In writing; and
        (2)    Signed by the donor or by some other person for the donor, in the presence of the donor, and at the express direction of the donor.
    (d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
        (1)    For a first offense, a fine not exceeding $1,000; and
        (2)    For a second or subsequent offense, a fine not exceeding $5,000.