(a) (1) This section applies to the use of sperm or eggs from a donor known to the individual who intends to become a parent through the use of the sperm or eggs. (2) This section does not apply to the use of sperm or eggs donated to a tissue bank or fertility clinic by a donor who intended to remain anonymous either indefinitely or until a child that results from the use of the sperm or eggs becomes an adult. (b) A person may not use sperm or eggs from a known donor after the donor’s death for the purpose of assisted reproduction, if: (1) The person knows that the known donor died and did not give consent for the posthumous use of the sperm or eggs; or (2) The donor or the individual who intends to become a parent through the use of the sperm or eggs receives any remuneration for the donation or use of the sperm or eggs. (c) A donor’s consent to the posthumous use of the donor’s sperm or eggs given on or after October 1, 2012 is not valid unless it is: (1) In writing; and (2) Signed by the donor or by some other person for the donor, in the presence of the donor, and at the express direction of the donor. October 1, 2012 is not valid unless it is: (1) In writing; and (2) Signed by the donor or by some other person for the donor, in the presence of the donor, and at the express direction of the donor. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) For a first offense, a fine not exceeding $1,000; and (2) For a second or subsequent offense, a fine not exceeding $5,000.
Maryland Legal Code