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In re Roberto d.B.

Court of Appeals of Maryland
923 A.2d 115 (Md. 2007)


Roberto d.B. (plaintiff) was a single man. He used his sperm to undergo the process of in vitro fertilization with an anonymous egg donor and an unrelated surrogate gestational host. The surrogate agreed she would relinquish all parental rights upon the birth of Roberto’s child. The surrogate gave birth to Roberto’s twins. The surrogate had no genetic connection to the children, but her name was printed on the children’s birth certificates as their mother. The birth certificates correctly identified Roberto as the children’s father. Roberto petitioned the Circuit Court for Montgomery County to remove the surrogate’s name from the birth certificates. The surrogate joined Roberto’s petition. The circuit court denied the petition, finding that the court did not have the power to order that the surrogate’s name be removed from the birth certificates, and in any event, doing so was not in the best interests of the children. Roberto appealed.

Rule of Law


Holding and Reasoning (Bell, C.J.)

Dissent (Cathell, J.)

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