State Laws Listing
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Maryland Birth Certificate Law: Gender Identity Issues
Maryland permits post-operative transsexuals to amend their sex on their birth certificates.
Maryland Custody and Visitation Law
Maryland courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no cases dealing with transgender parents, but state law does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation.
Maryland Donor Insemination Law
Maryland law is unclear on the issue of donor insemination for unmarried women.
Maryland Hate Crimes Law
State law covers hate crimes based on gender identity and sexual orientation.
Maryland Healthcare Laws
State healthcare laws relating to the LGBT community in the areas of medical decision making and hospital visitation.
Maryland Marriage/Relationship Recognition Law
Maryland does not recognize marriage by same-sex couples. Domestic partners, as defined by statute, are entitled to 11 protections available to spouses, including the rights to visit one another in the hospital, share a room in a nursing home, and make funeral decisions.
Maryland Non-Discrimination Law
Maryland law protects against discrimination based on sexual orientation but not gender identity.
Maryland School Laws
Maryland law does not address school issues relating to sexual orientation or gender identity.
Maryland Sodomy Law
The Maryland sodomy law was struck down in 1998.
Maryland Surrogacy Law
While Maryland does not have a specific law that addresses surrogacy agreements, related laws might hold compensated agreements unenforceable. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
