Learn About Third-Party Assisted Reproduction & Surrogacy Law in Maine
Everything you need to know about fertility law in Maine, including surrogacy.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements for Surrogacy in Maine
- Compensated gestational surrogacy is permitted.
- The gestational surrogate must be at least 21 years old.
- Medical and mental health evaluations for the surrogate and intended parents are required.
- All parties must enter into a written Gestational Surrogacy Agreement.
- Parentage is established through a pre-birth legal process.
- Court involvement is required to secure a parentage order.
Maine Surrogacy Law: What You Need to Know
Maine permits surrogacy for married and unmarried couples, same-sex couples, and single parents. With a properly executed Gestational Surrogacy Agreement and attorney guidance, intended parents can expect the issuance of parentage orders, them as legal parents.
Maine Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | All parties must enter into a Gestational Surrogacy Agreement prior to an embryo transfer |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Allowed |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The birth certificate is typically available within 1-2 weeks post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 2-4 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.