Surrogacy Laws in Maine
- Is Maine a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes.
- Can birth order be obtained without a genetic connection to Child: Yes.
Summary of Maine Surrogacy Law
In 2016, Maine enacted the Maine Parentage Act (19-A MRSA c. 61), which is based on the Uniform Parentage Act. If the gestational carrier agreement complies with the statutory requirements for a valid gestational surrogacy agreement, then the intended parent or parents are, by operation of law, the parents of the child immediately upon birth and the resulting child is considered the legal child of the intended parent or parents immediately upon birth. §1933(1)
Maine does allow for genetic (traditional) surrogacy if the genetic surrogate is a family member of the intended parent(s). Assisted reproduction is required and all of the other statutory elements of a gestational surrogacy agreement must be met for the agreement to be enforceable.
Maine does require hearings on parentage petitions. If the birth order is obtained pre-birth, then the intended parents’ names are placed on the initial birth certificate. Post-birth orders can be obtained if necessary.