In Re Roberto D.B.

399 Md. 267, 923 A.2d 115 (2007)

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Nature of the Case

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Facts

S contracted with Roberto D.B. (F) for S to act as a carrier for any embryo that might be created as a result of his fertilization efforts so that they might gestate in a womb. Fertilized eggs were implanted in S on December 21, 2000, and she delivered twin children on August 23, 2001. Neither S nor F wanted the gestational carrier's name to be listed on the birth certificate as the 'mother' of the children. S does not wish to exercise parental rights to, or over, these two children, nor does F desire that she do so. S had a reasonable expectation that her role in the lives of these children would terminate upon delivery of the children and that the faithful performance of her duties under the agreement would not permanently impact her life, nor the lives of her family. F petitioned to have S’s name removed from the birth certificate as the mother. The Circuit Court for Montgomery County refused to remove S's name from the birth certificate and rejected the petition. The court held that no Maryland case law exists that would give a trial court the power to remove the mother's name from a birth certificate. Second, it notes that removing the name of the surrogate from the birth certificate is inconsistent with the 'best interests of the child' standard, citing, generally, 'health reasons. F appealed. P's primary contention is that the parentage statutes in Maryland do not 'afford equal protection of the law to men and women similarly situated' because the statutes allow a man to deny paternity, and do not allow a woman to deny maternity.