SB 215
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 215 (Senator Kelley)
Finance Health and Government Operations
Maryland Department of Health - Birth Registration - Gestational Carriers
This bill requires, if applicable, that a copy of the order of the court establishing parentage
be attached to a birth certificate. In any case that involves a “gestational carrier” in which
parentage is determined by a court of competent jurisdiction, the forms provided by the
Secretary of Health must record specified information. On receipt of the forms and order
of the court establishing parentage, the Division of Vital Records (DVR) in the Maryland
Department of Health must immediately (1) seal the forms provided by the court, and
(2) register the certificate of birth in accordance with the order of the court.
Fiscal Summary
State Effect: None. The bill generally codifies existing practice.
Local Effect: None.
Small Business Effect: None.
Analysis
Bill Summary: “Gestational carrier” means a women other than an intended parent or
gamete donor who agrees to become pregnant for an intended parent with the intention of
gestating and delivering the child of the intended parent.
In any case that does not involve a gestational carrier in which parentage of a child is
determined by a court of competent jurisdiction, the name of the parent who did not give
birth to the child and surname of the child must be entered on the certificate of birth in
accordance with the finding and order of the court.
In any case that involves a gestational carrier in which parentage is determined by a court
of competent jurisdiction, the forms provided by the Secretary must record (1) an indication
that the delivery of birth was by a gestational carrier; (2) the identity of the gestational
carrier; (3) all relevant medical information regarding the gestational carrier and the
delivery; and (4) information regarding the intended parents. An order of the court
establishing parentage must be attached to the forms provided by the Secretary.
Current Law: Within five calendar days after a birth occurs in an institution, en route to
the institution, or outside an institution with an attending clinician, the administrative head
of the institution or the attending clinician (or their designee) must (1) prepare a birth
certificate on a form provided by the Secretary; (2) secure required signatures on the
certificate; and (3) file the certificate. The attending physician, physician assistant, nurse
practitioner, nurse midwife, or attending clinician must provide the date of birth and
medical information required.
When an individual who is not married gives birth to a child in an institution or outside an
institution with an attending clinician, the administrative head of the institution or the
attending clinician (or their designee) must (1) provide an opportunity for the child’s
parents to complete a standardized affidavit of parentage; (2) provide the mother written
information prepared by the Child Support Administration concerning the benefits of
having the parentage of the child established, including the availability of child support
enforcement services; and (3) forward the completed affidavit to DVR. DVR must make
the affidavits available to the parents, guardian of the child, or a child support enforcement
agency upon request. The name of the child’s other parent may not be entered on the
certificate without an affidavit of parentage signed by the mother and the person to be
named on the certificate as the other parent. If the parent who did not give birth to the child
is not named on the certificate of birth, no other information about that parent may be
entered on the certificate.
If the child’s mother was married at the time of either the conception or birth or between
conception and birth, the name of the mother’s spouse must be entered on the certificate as
the child’s other parent.
Additional Comments: While there is no statute governing gestational carriers in the
State or related records, DVR advises that, under current practice, the individual who gives
birth to a child is automatically listed on the child’s birth certificate. Once relevant forms
and information regarding the baby’s intended parentage are collected from the
(1) institution where the baby was born; (2) individual who gave birth to the baby; and
(3) baby’s intended parents, DVR seals the original birth certificate and issues a new birth
certificate listing the intended parents.
SB 215/ Page 2
 Additional Information
Prior Introductions: SB 1062 of 2020 passed in the Senate but received no further action
from the House Judiciary and House Health and Government Operations committees. Its
cross file, HB 1635, was referred to the House Judiciary and House Health and
Government Operations committees, but no further action was taken.
Designated Cross File: HB 549 (Delegate Pena-Melnyk) - Health and Government
Operations.
Information Source(s): Maryland Association of County Health Officers; Judiciary
(Administrative Office of the Courts); Maryland Department of Health; Department of
Human Services; Department of Legislative Services
Fiscal Note History: First Reader - January 25, 2021
rh/jc Third Reader - February 11, 2021
Analysis by: Amberly Holcomb Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 215/ Page 3


Statutes affected:
Text - First - Maryland Department of Health - Birth Registration - Gestational Carriers: 4-208 Health General, 4-226 Health General
Text - Third - Maryland Department of Health - Birth Registration - Gestational Carriers: 4-208 Health General, 4-226 Health General