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Maine Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Maine surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Maine surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed about a dozen finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Maine surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Effective July 1, 2016, Maine law permits surrogacy, and pre-birth parentage orders can readily be obtained in nearly all gestational surrogacy situations.

    • Does the state have surrogacy laws and/or case law?

      The Maine Parentage Act expressly permits surrogacy arrangements. It sets forth that “every child has the same rights under the law as any other child without regard to the marital status or gender of the parents or the circumstances of the child’s birth.”

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Maine courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, and there are no statutory limitations to the payment a surrogate may receive so long as it is reasonable and negotiated in good faith.

    • Is traditional surrogacy permitted?

      Yes. Traditional surrogacy arrangements are expressly permitted where the surrogate is a family member of the intended parents. If the arrangement is not between family members, it may still be allowed but a formal, full adoption will be required for the intended parents to secure their parental rights.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      A surrogacy contract shall be binding and enforceable if it is in writing, signed by all parties, notarized and executed before the start of any medical procedures. The agreement must require no more than a one-year term to achieve pregnancy. At least one of the parties must be a legal resident of Maine. The surrogate and intended parents must meet specific requirements and have independent legal counsel. Additionally, the agreement must include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Can both intended parents be declared the legal parents?

      Yes. if the statutory requirements are satisfied, both intended parents can be declared the legal parents in a pre-birth order or otherwise, regardless of marital status, sexual orientation, the use of donor eggs or sperm, or genetic relationship to the child.

    • Are pre-birth and post-birth orders permitted?

      Any intended parent may obtain a parentage order so long as the contractual requirements for a valid surrogacy arrangement are satisfied pursuant to the Maine Parentage Act. This is so regardless of the intended parent’s genetic relationship to the child, marital status or sexual orientation.

    • Will the state honor a pre-birth order issued by another state?

      Yes, but order must be domesticated by a Maine court.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents will get their baby’s birth certificate within 1-2 weeks. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Yes, but because the state’s statutory provisions for surrogacy arrangements are so inclusive and provide for the availability of pre- and post-birth parentage orders in nearly any scenario, post-birth adoptions are rarely necessary.

      Typically, a post-birth adoption will only be necessary where the intended parents are from Maine but complete a surrogacy arrangement in a different state where they are unable to obtain or secure their parental rights (by parentage order or adoption). In such a situation, they may complete a post-birth adoption in Maine.

    • Are second-parent adoptions permitted?

      Yes, and they are available to unmarried couples.

    • Are stepparent adoptions permitted?

      Yes, and they are available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.