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
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
Resident status:
Yes*
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
Surrogate status:
Gestational and Traditional Surrogacy
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*
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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