Maine

Understanding Surrogacy Laws in Maine
Legal Parentage
Similar to many other states in the northeast, Maine’s law allows intended parents regardless of marital status, sexual orientation, or genetic relationship to obtain a pre-birth order granting parental rights so long as all statutory requirements are met. Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Maine Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Maine Surrogacy Law
Do You Need a Medical Need for Surrogacy in Maine?
Although there is no specific law on this, it is currently best practice to only pursue surrogacy in Maine if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need. Maine does require intended parents to undergo a medical evaluation.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Maine permits married couples, partners, and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?
In Maine, intended parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Maine?
International parents can pursue surrogacy in Maine. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, Maine allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Maine. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Maine?
Generally no. Intended parents do not need to be Maine residents to carry out a surrogacy journey in Maine. Similarly, gestational carriers are not required to reside in Maine. However, there needs to be some significant connection to Maine (residency of a party, birth of child, or medical procedure)

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
Maine’s Parentage Act outlines the rights and requirements of a surrogate.