Maine is a wonderful state to pursue the surrogacy process for both surrogates and intended parents. Due to the positive surrogacy laws in Maine, you can rest assured that your interests will be protected and everyone will be able to meet their surrogacy goals. Understanding the laws that impact surrogacy can still be helpful as begin the surrogacy process and work with your surrogacy partner.
If you feel ready to begin the process or have legal questions, contact a surrogacy specialist at 1-800-875-2229 (BABY) or fill out our online form.
Surrogacy Laws in Maine
The Maine Parentage Act was signed into law in 2016. This specific surrogacy law in Maine establishes the criteria for gestational surrogacy arrangements. It not only makes the surrogacy process safe, but also efficient for intended parents and surrogates who are pursuing this path.
Compensated Surrogacy
Due to Maine’s surrogacy laws, compensating surrogates is legal in the state. There are no limitations on how much you can pay a surrogate, and when you work with a licensed reproductive lawyer in Maine, they will be able to create a contract that details the surrogate compensation and everything included in that compensation package.
Traditional Surrogacy in Maine
Traditional surrogacy is different from gestational surrogacy, and many states do not condone the practice. In traditional surrogacy, the egg used is the surrogate’s. This makes traditional surrogacy a risky practice for some intended parents. However, traditional surrogacy is legal in Maine, but the surrogate must be a family member of one of the intended parents. It’s important to note that our agency only works with gestational surrogacy.
Parentage Orders
No matter what your genetic relationship is to the child as intended parents, you may obtain a pre-birth order. So whether you use your own egg and sperm or a donor’s, you will still be awarded a pre-birth parentage order. This Maine surrogacy law states that “a donor is not a parent of a child conceived through assisted reproduction” so you are protected if you do choose to use a donor egg or sperm.
Maine Surrogacy Agreements
Surrogacy agreements are essentially a legal contract that all parties must sign before moving forward with the medical procedures of surrogacy. A surrogacy contract will be enforceable in court as long as all the stipulations are met. Your surrogacy attorney will help to create the surrogacy contract to ensure everyone gets what they need from it. This includes outlining risks, responsibilities, surrogate pay, insurance and more. According to Maine’s surrogacy laws, surrogates and intended parents must also meet certain requirements to move forward with the contract. These include:
Surrogate:
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Be at least 21 years old
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Have previously given birth to at least one child
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Have completed a medical evaluation and a mental health consultation
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Not be a traditional surrogate, unless she is the family member of the intended parents
Intended Parents
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Have completed a medical evaluation and mental health consultation
Maine Surrogacy Attorneys
Even though Maine is in favor of the surrogacy process, you will still need to obtain a licensed surrogacy attorney. We have created a vast network of surrogacy attorneys across the country. You can obtain your own surrogacy attorney in Maine or you may use one of our trusted legal counsels in the area. Your attorney will help you with the surrogacy contract as well as help intended parents obtain a pre-birth order. Even if the surrogate and intended parents have a wonderful bond, it is still important to work with a surrogacy attorney. It can even help your relationship by leaving nothing about the process in question.
Maine’s surrogacy laws make it a great state to pursue the surrogacy process for intended parents and surrogates. We want to help you get started on your journey. Contact us and begin today.
While we have made every effort to present the most accurate and up-to-date information about surrogacy in Maine, we make no guarantee the information in this article is correct. Surrogacy laws in Maine are always subject to change, so we encourage you to contact a local surrogacy attorney for the most accurate information about the current state of surrogacy in Maine.