Maine Surrogacy Laws

Gestational surrogacy is permitted in Maine under the Maine Parentage Act. In Maine, the gestational surrogate must be at least twenty-one years of age and complete both a physical and mental health evaluation, and both Maine’s intended parents and gestational surrogates must have independent legal representation (19-A M.R.S.A. § 1931.).  

In Maine, traditional surrogacy is only permitted if the surrogate enters into a surrogacy agreement with a family member (§1931(1)(E).). As a result of Maine’s surrogacy laws, both types of surrogacy are permitted and practiced throughout cities like Portland, Lewiston, and Bangor.

Laws Concerning Parentage Orders in Maine

Maine allows for its courts to grant pre-birth parentage orders as long as the requirements of 19-A M.R.S.A. § 1931 are met. Under §1852 of the Maine Parentage Act, “every child has the same rights under law as any other child without regard to the marital status or gender of the parents or the circumstances of the child’s birth.”

The statute implies that courts in Maine will grant pre-birth orders to any couple, regardless of sexual orientation or whether the intended parents used their own sperm or egg.

Egg and Sperm Donor Law in Maine

Under Maine law, any sperm or egg donor who donates for the purposes of assisted reproduction is not the parent of any child conceived as a result of that donation (19-A M.R.S.A. § 1922.). Exceptions to this statute are persons who donate for the purposes of assisted reproduction for the person’s spouse or a written agreement to the contrary (19-A M.R.S.A §1922).

Maine Stepparent and Second-Parent Adoption Law

Maine statute allows for a stepparent in Maine to adopt their spouse’s child. To adopt, a husband and wife jointly or an unmarried person, resident, or nonresident of Maine may petition the Probate Court and file for adoption (18-A M.R.S.A. § 9-301.).  

Fertility Clinics in Maine

Contact Baby Steps Surrogacy Center, Inc.

There’s no denying that the surrogacy laws in Maine can be challenging to navigate. That’s why it can be so helpful to reach out to the professionals at Baby Steps Surrogacy Center, Inc. To speak with us today, give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.