Surrogacy contracts in Maine are the legal foundation for one of the most significant journeys a person can take. Whether you are an intended parent dreaming of holding your baby for the first time or a prospective surrogate looking to change a family's life, a well-crafted agreement provides the clarity and protection you need.
By working with a qualified surrogacy agency and an experienced surrogacy attorney, you can navigate the complexities of state law with peace of mind. American Surrogacy is here to provide the support and expert guidance required to make this process as smooth and transparent as possible.
What Should Be Included in a Surrogacy Contract?
A gestational carrier agreement (GCA) must address the logistical, financial, and medical realities of pregnancy and birth. In Maine, your contract should clearly detail:
This includes the base surrogate pay, monthly allowances, and reimbursements for pregnancy-related expenses like maternity clothing and travel. The contract outlines the surrogacy medical process, including embryo transfer protocols and prenatal care expectations. You’ll define who will be present in the delivery room and how the baby will be released into the intended parents' care. Agreements regarding sensitive topics such as selective reduction or termination for medical reasons are handled with care and legal precision. To protect the pregnancy, the contract may include reasonable guidelines on travel, diet, and exercise.
Legal Clearance: The Final Step Before Transfer
The legal clearance process is a milestone that occurs after you have found a match but before any medical intervention begins. It signifies that the contract is finalized and all parties are legally protected. In Maine, this process is strictly governed by the Maine Parentage Act.
Here is a closer look at how the negotiation and clearance stage unfolds:
- Drafting and Initial Review: Once a match is confirmed, the intended parents' attorney drafts the initial contract. This document covers everything from financial escrow to "what-if" medical scenarios.
- Independent Legal Representation: To ensure the contract is enforceable in Maine, the surrogate must be represented by an independent attorney of her own choosing. This attorney is responsible for explaining the legal implications of the agreement and advocating for her specific needs and protections.
- The Negotiation Stage: Attorneys engage in a collaborative "red-lining" process. This back-and-forth discussion allows both the intended parents and the surrogate to refine terms until everyone feels comfortable and respected. This stage is where you’ll finalize details on things like travel boundaries or communication preferences.
- The Declaration of Counsel: Unique to Maine law, both attorneys must attach a written "Declaration of Counsel" to the agreement. This statement confirms that the agreement meets all statutory requirements and that both parties have been fully advised of their rights.
- Final Execution and Letter of Clearance: Once the notarized signatures are collected, your attorneys issue a formal "Letter of Legal Clearance" to your fertility clinic. This letter provides the clinic with the green light to begin the medical cycle and schedule the embryo transfer.
Maine Parentage Act
The Maine Parentage Act is the law that makes surrogacy possible in our state. This law clearly says that both gestational and traditional surrogacy are allowed. It sets up rules to make sure intended parents, surrogates, and children are all protected from the start.
One of the best things about this law is that it is for everyone. It protects all types of families, including LGBTQ+ parents and single parents, and treats them with the same respect regardless of their gender or marital status. The law also confirms that surrogates can be fairly paid for their time and effort.
By giving families a clear legal path before the baby is even born, the Maine Parentage Act takes away the guesswork and lets you move forward with confidence.
Can Surrogacy Contracts Be Enforced in Maine?
Yes, surrogacy contracts in Maine are recognized and fully enforceable under the Maine Parentage Act. This state law explicitly permits gestational carrier agreements, provided they meet specific statutory requirements, such as being in writing and signed before medical procedures begin.
What Happens if a Surrogacy Contract is Breached?
While serious violations are rare in agency-supported journeys, it is important to understand the consequences of a breach of surrogacy contract.
Violations can lead to financial penalties, such as the withholding of base compensation or the requirement to repay certain expenses. Most agreements include a requirement for professional mediation to resolve disagreements before pursuing litigation, ensuring the focus remains on a healthy pregnancy and birth. Since the Maine Parentage Act is so robust, the intended parents' rights to the child are typically protected even if a minor breach occurs regarding lifestyle terms.
Fair Surrogacy Compensation in Maine and Payment Structure
Securing fair surrogacy compensation is a key part of the legal agreement. The contract will specify exactly how and when payments are made to ensure transparency.
- Escrow Account Requirements: Intended parents are required to fund an independent escrow account before medical procedures begin. This ensures that the surrogate is always paid on time, regardless of personal circumstances.
- Payment Schedule Options: Base pay is usually divided into 10 monthly installments, beginning after a pregnancy is confirmed via a fetal heartbeat.
- Additional Coverage: The contract also covers lost wages for the surrogate and her partner, as well as recovery time compensation following the delivery.
Medical Decisions and Control During Pregnancy
Your Maine surrogacy contract will clearly explain how medical records are shared and how medications are approved. Usually, the surrogate chooses her own OB-GYN as long as the doctor is nearby and works with the chosen insurance plan.
The agreement creates a balance by asking the surrogate to follow the medical guidance of both the clinic and her doctor. This teamwork approach ensures the healthiest start for the baby while making sure the surrogate feels comfortable and safe.
Termination and Selective Reduction Clauses
In Maine, termination for medical reasons and selective reduction are legal and can be included in your surrogacy contract. These clauses are designed to give both parties a clear plan for unexpected medical news, such as a severe fetal abnormality or a high-risk pregnancy with multiples.
By state law, surrogates have the final say over their own medical care, but the contract ensures everyone is on the same page before the pregnancy ever begins. We focus on matching intended parents and surrogates who share similar values on these topics, which prevents conflict and ensures everyone feels supported during difficult decisions.
Maine Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
Lifestyle clauses are designed to ensure a healthy environment for the developing baby. These often include:
Travel Restrictions During Pregnancy
To manage risks and ensure access to familiar medical providers, surrogacy contracts typically limit travel as the pregnancy progresses. This ensures the surrogate stays within a reasonable distance (often 50 to 100 miles) of her delivery hospital during the final trimester.
Diet and Exercise Restrictions
These guidelines focus on safety and nutrition. Surrogates agree to follow standard prenatal advice, such as avoiding:
- High-mercury fish
- Unpasteurized products
- Excessive caffeine.
Exercise is encouraged but usually limited to low-impact activities like walking or prenatal yoga, while high-risk or high-impact activities are avoided to prevent injury.
Substance Use
Contracts strictly prohibit the use of alcohol, tobacco, and non-prescribed drugs (including THC products). These terms are essential for protecting the long-term health of the baby and are non-negotiable in Maine agreements.
Delivery Plans and Post-Birth Expectations
The birth of the baby is the culmination of your shared work. Your Maine surrogacy contract will detail:
- Hospital Birth Plan: A detailed birth plan is established well before the due date. This document outlines the surrogate's preferences for pain management and medical interventions while clarifying the intended parents' roles.
- Delivery Room Presence Rights: The contract defines who will be present during labor and delivery. This often includes the intended parents and the surrogate's support person. It also clarifies who will hold the baby first and who will make immediate medical decisions for the newborn.
- Pumping Agreement: If the surrogate agrees to provide breast milk after birth, the pumping agreement contract will outline how much milk is expected, the compensation for the surrogate's time and effort, and the logistics for shipping or pick-up. This is an optional part of the journey and depends on the comfort level of both parties.
- Legal Parentage at the Hospital: Thanks to the Maine Parentage Act, the intended parents are recognized as the legal parents from the moment of birth. The contract and subsequent court orders ensure that the hospital names the intended parents on the birth certificate and allows them to take the baby home directly.
Insurance Requirements for Surrogacy Journeys
To guarantee the surrogate’s health and the intended parents' financial stability, your contract will require several essential insurance coverages. Because pregnancy medical costs can be difficult to predict, these requirements create a safety net for everyone involved, especially during an interstate journey.
Thorough Health Insurance Review
We conduct a professional audit of the surrogate's current insurance to check for any clauses that might block coverage for a surrogacy pregnancy. If her plan isn't suitable, we help the intended parents find surrogate-friendly insurance to cover all prenatal and hospital bills.
Required Life Insurance
To provide for the surrogate’s family, the contract mandates that intended parents pay for a life insurance policy for her. She names her own beneficiaries, ensuring her loved ones are financially protected throughout the process.
Disability Coverage
The agreement also includes disability insurance to protect the surrogate's income. This is vital if she is ordered to bed rest by a doctor or faces complications that keep her from working, making sure her own financial security is never at risk.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
Choosing between an agency-supported journey and an independent one has significant legal implications. While an independent surrogacy contract is a possibility, it lacks the built-in safeguards that provide security for both sides.
In an independent arrangement, you are responsible for finding and vetting your own legal counsel, managing complex escrow accounts, and navigating potential conflicts without professional mediation. This can often lead to avoidable stress or financial disputes that can strain the relationship between intended parents and surrogates.
Security Through American Surrogacy
When you choose American Surrogacy, you’re backed by a complete support network that prioritizes the safety and satisfaction of both surrogates and intended parents:
We go beyond the basics to ensure every party is ready for the road ahead—medically, financially, and emotionally. Our rigorous vetting builds a foundation of trust before the first match is even made. The Pine Tree State has its own unique set of parentage rules. We pair you with specialized attorneys who know exactly how to draft a contract that maximizes enforceability and simplifies the legal transition after birth. From the logistics of travel for medical appointments to the security of third-party escrow management, we handle the heavy lifting so you can focus on the human side of the experience. Our specialists act as a consistent bridge between parties. We offer neutral mediation and emotional support throughout the pregnancy, ensuring everyone’s goals and boundaries are respected from start to finish.
Peace of Mind Starts with a Surrogacy Contract That Covers Every Detail
Maine has a clear statutory framework, so your contract serves as the guarantee that your intentions will be honored and your family’s rights protected..
American Surrogacy offers the clarity, protection, and peace of mind you deserve. By ensuring all parties understand their rights and responsibilities from the start, we help you focus on the joy of the journey ahead.
Are you ready to create a Maine surrogacy contract that protects you? Whether you are a hopeful parent or a prospective surrogate, speak with a specialist today to get personalized answers and professional legal connections.