## Facts

- An unmarried man initiated in vitro fertilization using his sperm and eggs from an anonymous donor.
- Two embryos were created and implanted in a gestational carrier pursuant to a contract for her to carry the pregnancy to term.
- The gestational carrier was genetically unrelated to the embryos and later delivered twins.
- Before the birth, the intended father sought a court order directing that the birth certificates list him as the father and not list the gestational carrier as the mother (leaving the maternal entry blank or otherwise omitting her).
- The gestational carrier did not contest the man’s paternity and did not assert parental rights.
- Maryland had no statute specifically governing surrogacy or assisted reproductive technology for these circumstances.

## Issues

1. Whether Maryland vital records and parentage statutes require listing a genetically unrelated gestational carrier as the “mother” on the children’s birth certificates.
2. Whether, under the undisputed facts of gestational surrogacy and no competing maternal claim, the intended genetic father may obtain birth certificates recognizing his parentage without designating the gestational carrier as mother.

## Decision

- The Court of Appeals of Maryland reversed the circuit court.
- The court held that a genetically unrelated gestational carrier in a gestational surrogacy arrangement need not be listed as the mother on the children’s birth certificates.
- The case was remanded for entry of relief consistent with issuing birth certificates that did not identify the gestational carrier as mother and that recognized the intended father’s parental status.

## Legal Principles

- In gestational surrogacy, Maryland’s vital statistics statutes do not necessarily compel designation of the birth-giving woman as “mother” when she has no genetic relationship to the children and does not claim parental status.
- Statutory terms governing birth registration must be interpreted in light of the text’s limits; absent clear legislative direction, courts should not extend routine birth-certificate conventions to impose legal maternity on a genetically unrelated gestational carrier.
- Where parentage is undisputed and no competing claimant seeks maternal status, genetic connection and the parties’ intent to parent may be considered to avoid assigning parental status that conflicts with the circumstances of assisted reproduction.
- The court noted that gender-based classifications in allocating parental status can raise equal protection concerns and are subject to heightened judicial review, informing a cautious approach to constructions that assign parenthood solely from gestation.

## Conclusion

The court concluded that Maryland law did not require listing a genetically unrelated gestational carrier as the children’s mother on birth certificates in an uncontested gestational surrogacy arrangement, and it directed issuance of certificates consistent with the intended genetic father’s recognized parentage without naming the carrier as mother.


In re Roberto d.B., 923 A.2d 115 (Md. 2007)