Code of the District of Columbia

§ 16–407. Parentage in collaborative reproduction.

(a)(1) In the case of a child born by a gestational surrogate, an intended parent or parents shall be the parent or parents of the child and have all rights under District law, regardless of whether the intended parent or parents has a genetic relationship to the child.

(2) The child shall have all rights, powers, privileges, immunities, duties, and obligations existing under law between a parent and child with the intended parent or parents, including the rights of inheritance.

(3) A gestational surrogate and the gestational surrogate's spouse or domestic partner, if any, shall not be the parent or parents of the child, and shall not have any rights, powers, privileges, immunities, duties, or obligations with respect to the child.

(4) A gamete or embryo donor who is not an intended parent and that donor's spouse or domestic partner, if any, shall not be the parent or parents of the child, and shall not have any rights, powers, privileges, immunities, duties, or obligations with respect to the child. For the purposes of this paragraph, a traditional surrogate is not a donor.

(b)(1) In the case of a child born by a traditional surrogate, an intended parent or parents shall be the parent or parents of the child and have all rights under District law, regardless of whether the intended parent or parents has a genetic relationship to the child.

(2) The child shall have all rights, powers, privileges, immunities, duties, and obligations existing under law between a parent and child with the intended parent or parents, including the rights of inheritance.

(3) A traditional surrogate and the traditional surrogate's spouse or domestic partner, if any, shall not be the parent or parents of the child, and shall not have any rights, powers, privileges, immunities, duties, or obligations with respect to the child.

(4) A gamete donor who is not an intended parent and that donor's spouse or domestic partner, if any, shall not be the parent or parents of the child, and shall not have any rights, powers, privileges, immunities, duties, or obligations with respect to the child.


(Apr. 7, 2017, D.C. Law 21-255, § 2(e), 64 DCR 2037.)