What You Need to Know About Surrogacy in Maine

What You Need to Know About Surrogacy in Maine

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Maine Surrogacy Laws and Information

Maine is one of the safest, well-regulated states in which to complete your surrogacy, whether you are an intended parent or surrogate. Maine surrogacy laws provide an efficient legal process that protects the interests of all involved and helps surrogates and intended parents reach their surrogacy goals.

American Surrogacy welcomes intended parents and surrogates from Maine and can offer the professional guidance you need throughout your surrogacy journey. Our specialists can also refer you to a trusted local surrogacy attorney in Maine, who can answer any questions you have about surrogacy laws in Maine and protect your rights and interests.

Until then, learn more about surrogacy laws in Maine below.

Q: Is surrogacy legal in Maine?

A: As of 2016, surrogacy is legal in Maine, thanks to the Maine Parentage Act. This surrogacy law establishes certain criteria for gestational surrogacy arrangements, making the process a safe and efficient one for intended parents and surrogates in Maine who wish to take this family-building path.

Q: Is compensated surrogacy legal in Maine?

A: Yes. Maine surrogacy laws do not restrict the compensation a surrogate can receive, stating only that “a gestational carrier agreement may provide for payment of reasonable expenses which… must be negotiated in good faith between the parties.”

Q: Is traditional surrogacy legal in Maine?

A: Yes. However, a surrogate must be a family member of an intended parent she enters into a surrogacy contract with. Any other traditional surrogacies in Maine will require a formal adoption process, including any applicable adoption laws of the state.

Q: What does a surrogacy agreement in Maine cover, and how does the legal process work?

A: Surrogacy laws in Maine lay out a set of requirements that must be met to create a surrogacy contract in this state. Both intended parents and their surrogate should have separate surrogacy attorneys in Maine and be advised of the potential legal consequences of their contract before it is executed.

The intended parents, the surrogate and her spouse (if applicable) must all consent to and sign the surrogacy contract before any medical procedures can begin.

The parties to the surrogacy contract must also meet certain requirements:

  • Surrogate
  • Intended Parents
    • Have completed a medical evaluation and mental health consultation

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Maine?

A: As long as a Maine surrogacy contract meets the legal stipulations provided in the Maine Parentage Act, it is enforceable.

Q: What are the surrogacy laws in Maine on parentage orders?

A: The Maine Parentage Act allows pre-birth orders for all intended parents, regardless of their genetic relationship to the baby born via surrogacy in Maine — married and unmarried couples, single people and even those with a non-binary-conforming gender.

As the law states, “Every child has the same rights under law as any other child without regard to the marital status or gender of the parents.” Intended parents will be able to obtain a pre-birth order as long as the requirements of the Maine surrogacy laws are met.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Maine?

A: No. As long as their surrogate is a resident of Maine, international intended parents can complete a surrogacy in Maine.

Q: When do intended parents need to complete an adoption after birth? 

A: Intended parents who complete a surrogacy in Maine rarely have the need for an adoption after birth, as they can obtain a pre-birth or post-birth order. However, if intended parents from Maine complete a surrogacy in another state where they can’t obtain a parentage order or a post-birth adoption order, they can complete an adoption back in Maine.

Q: Does Maine allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: Yes. Maine does allow second-parent adoptions, although they are rarely necessary if the intended parents complete a surrogacy in Maine.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: A surrogacy that uses a donor gamete is no different in Maine that a surrogacy that does not. State law specifies that “a donor is not a parent of a child conceived through assisted reproduction” and that intended parents can obtain a parentage order in a Maine surrogacy regardless of any donor gametes used.

Q: Are there any additional laws impacting same-sex surrogacy in Maine?

A: No. LGBT intended parents are treated the same under Maine surrogacy laws as any other intended parent.

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If you are considering a surrogacy in Maine, know that American Surrogacy can provide the professional assistance you need to have as positive and stress-free a surrogacy journey as possible. With our case management services and support, you can focus on what’s really important — the developing baby and your relationship with your intended parents or surrogate.

To learn more about American Surrogacy’s national agency program, please call 1-800-875-2229(BABY).

While we have made every effort to present the most accurate and updated information on surrogacy in Maine, surrogacy laws are always subject to change. This article is not intended to be and should not be taken as legal advice. Please contact a local Maine surrogacy attorney with your questions and for the best legal information.