Laws
State Laws
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 School Laws
Maryland law does not address school issues relating to sexual orientation or gender identity.
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.
Massachusetts Adoption Law
Massachusetts Custody and Visitation Law
Massachusetts 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 published cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation
Massachusetts Donor Insemination Law
Massachusetts law allows married couples to undergo donor insemination. There is no state provision on donor insemination performed on unmarried women.
Massachusetts School Laws
Massachusetts law addresses school issues relating to sexual orientation but does not explicity address issues relating to gender identity.
Massachusetts Surrogacy Law
Massachusetts statutes are silent with regard to surrogacy agreements, but various cases have looked favorably on such agreements, although no case has addressed the issue with regard to lesbian, gay, bisexual and transgender (LGBT) individuals.