Gestational Surrogacy Regulations in Maine

Overview

Gestational Surrogacy is permitted by Maine Parentage Act Title 19A Chapter 61.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Mental health counseling:
Yes
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Mental health counseling:
Yes
Resident status:
Yes*
Previous pregnancies:
at least one
Use of own embryos:
No
Independent legal counsel:
Yes
*the IP(s) and/or the GC must be a resident of Maine

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Maine:
Yes
Birth outside of Maine:
Yes, however, discuss with your legal counsel

Pre-Birth Orders can readily be obtained in nearly all gestational surrogacy situations.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless waived by judge
Post-Birth Orders:
Yes

General Information

Will Maine Vital Records honor a Pre-Birth Order from another state:
Yes* (one party must have a significant connection to Maine)
What is the typical time frame to obtain a birth certificate after delivery:
1 - 2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Maine Residents:

This situation typically arises if the child is born outside of Maine. The parents then return to Maine to obtain a second parent adoption or stepparent adoption in Maine. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Maine?

Traditional Surrogacy in Maine is recognized under Maine Parentage Act Title 19A Chapter 61 Sec. 1931(1)(E) only if the gestational carrier enters into a contract with a family member. Please consult with your local attorney prior to moving forward with traditional surrogacy.
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