As of 2016, gestational surrogacy is permitted in Maine by the Maine Parentage Act (Title 19A, Chapter 61). Prior to the Maine Parentage Act, gestational surrogacy was sanctioned by case law in Nolan v. Labree in 2012.
Traditional surrogacy is only permitted in the restricted contexts set forth by the Maine Parentage Act.
What surrogacy options in Maine are compatible with legal practice?
Traditional surrogacy may take place under Maine law (Sec. 1931(1)(E). [MM1]) if the surrogate is a family member of the Intended Parent(s). If they aren’t family members, parentage must be established following birth through adoption. However, many attorneys and agencies advise against traditional surrogacy due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
According to Maine statue § 1922, an egg, sperm, or embryo donor have no rights over the donated gametes or a resulting child.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Surrogacy contracts in Maine are recognized and enforced by the state as long as the parties meet the requirements of the Maine Parentage Act.
Independent counsel is required for all parties involved in a surrogacy agreement.
Because of the surrogacy-friendly courts and the support derived from the Maine Parentage Act, international Intended Parent(s) may find doing surrogacy in Maine a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
However, in order to get a birth order, one of the parties MUST reside in Maine.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Nichols, DeLisle & Lightholder P.C.
14 Main Street
Southborough, MA 01772
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019