GESTATIONAL SURROGACY LAW MAINE

Is Gestational Surrogacy Legal in Maine?

Yes. The Maine Parentage Act of 2016 legalized surrogacy in Maine and established important regulations and eligibility requirements for the process. It is both legal and well-regulated.

Is Traditional Surrogacy Legal in Maine?

Yes. Traditional surrogacy is legal in Maine but with specific caveats:

• The surrogate must be a family member of an intended parent with whom she is entering into a surrogacy contract.
• Traditional surrogacy laws in Maine require a post-birth adoption process because traditional surrogates are the biological mothers of the babies they carry; therefore, the process is subject to the state’s adoption laws.
• The traditional surrogate must consent to the adoption after the baby is born.

Is Compensated Surrogacy Legal in Maine?

Yes. According to Maine surrogacy laws, “a gestational carrier agreement may provide for payment of reasonable expenses.” This is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and various expenses, including:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages, if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other expenses depending on the agency

Creating a Maine Surrogacy Contract

Maine surrogacy laws require that both the surrogate and the intended parents have separate legal representation to ensure their rights and interests are protected. The surrogacy contract should address:

• Surrogate compensation and financial arrangements
• Potential risks and liabilities
• Legal processes for establishing parental rights
• Contact expectations before, during, and after the surrogacy process
• Plans for the hospital stay
• And more

All parties must consent to and sign the surrogacy contract before proceeding with the medical aspects of surrogacy.

Determining Legal Parentage in Maine

Maine allows intended parents to obtain pre-birth parentage orders, which establish their legal rights before the child’s birth. This process is available to:

• Married couples
• Unmarried couples
• Single individuals
• Same-sex couples

These orders are granted regardless of the genetic relationship between the intended parents and the child, simplifying the process of establishing legal parentage.