Maine surrogacy laws & gestational process guidelines


- Is gestational and traditional surrogacy legal in Maine?
- What specific surrogacy requirements apply in Maine, if any?
- What must be included in a legally valid Maine surrogacy contract?
- What factors influence the cost of surrogacy in Maine, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Maine compared to other states?
- How friendly is LGBTQ+ surrogacy in Maine?
General Surrogacy context in Maine
The Maine Parentage Act of 2016 legalized surrogacy in Maine and created important regulations and eligibility requirements for the process. These clear surrogacy laws make it relatively easy to become a parent as long as you meet the state’s eligibility requirements and follow the legal processes.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Maine, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Maine.
Is Gestational Surrogacy Legal in Maine?
Yes. The Maine Parentage Act of 2016 regulations and eligibility requirementslegalized 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 regulations and eligibility requirements, “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.
Most Common FAQ about surrogacy in Maine
Below is a list of some of the most frequently asked questions about surrogacy in Maine:
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Maine?
Yes. Surrogacy contracts are enforceable in Maine as long as they meet the state’s legal requirements, including proper legal representation and adherence to the regulations set forth in the Maine Parentage Act.
Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Maine?
No. International intended parents follow the same surrogacy process as domestic intended parents. However, it is crucial for intended parents from another country to consult with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
When Do Intended Parents Need to Complete an Adoption After Birth?
In most cases, intended parents in Maine can obtain a pre-birth parentage order, eliminating the need for adoption after birth. However, if a traditional surrogacy arrangement is used, a post-birth adoption process is required due to the surrogate’s biological connection to the child.
Does Maine Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
Yes. Maine allows second-parent adoptions, which can be beneficial for unmarried couples where one partner is not genetically related to the child. Married couples can complete a stepparent adoption if necessary. However, with the availability of pre-birth parentage orders, these adoptions are rarely needed.
What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?
In Maine, intended parents can obtain a pre-birth parentage order regardless of their genetic connection to the child. Therefore, using a donor egg, sperm, or embryo does not typically require additional legal steps to establish parental rights.
Same Sex surrogacy in Maine
Is Same-Sex Surrogacy Legal in Maine?
Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Are There any Additional Laws Impacting Same-Sex Parenting in Maine?
No. There are no additional laws impacting same-sex parents in this state.
Reproductive law Practitioner in Maine
Bridgton, ME
cberry@cjberrylaw.com
Visit CJ Berry Law for more details
(207) 839-7004
Abigail Diggins
Portland, ME
adiggins@leblancyoung.com
Visit LeBlanc & Young for more details
(207) 772-2800
Janene Oleaga, Esq.
Portland, ME
janene@mainereproductionlawyer.com
Visit Maine Reproduction Lawyer for more details
(207) 200-6780