Legislative Milestone in Maine’s Surrogacy Landscape:
Since 2016
The Maine Parentage Act, which provides statutory permission to engage in gestational surrogacy in Maine, became effective on July 1, 2016.
Surrogacy Contracts
Are legally binding and enforceable in court in Maine.
Genetic surrogacy contracts may also be enforceable, but only in cases where at least one intended Parent and the Surrogate are family members.
Parental Rights
The Maine Parentage Act outlines the parental rights and responsibilities regarding surrogacy, ensuring the establishment of parentage before the birth of the child through Gestational Carrier Agreements.
Legal Rights of Surrogates:
Liability for payment of Gestational Carrier health care costs is outlined in the Maine Parentage Act.
The laws of Maine allow for compensation beyond reimbursement for expenses incurred.
Who Can Benefit from Surrogacy in ME?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in Maine:
The established legal framework through the Maine Parentage Act suggests a supportive environment for surrogacy arrangements, which might contribute to the practice in the state.
Advantages of Surrogacy in ME
Comprehensive legal framework provided by the Maine Parentage Act, which expressly permits surrogacy arrangements and outlines the legalities surrounding them. The enforceability of surrogacy contracts in court provides legal protection for all parties involved in the surrogacy arrangement.
