Surrogacy Laws & Process in Maine
Understanding the Surrogacy Process in Maine
Surrogacy is an important option for many families in Maine who wish to expand their families. Maine has established legal protections and clear guidelines for intended parents and surrogates. Understanding the legal framework in place can be empowering for both intended parents and potential surrogates.
Maine’s surrogacy laws support families from all backgrounds and ensure that both intended parents and surrogates are legally protected throughout the surrogacy journey. Maine is considered a welcoming state for surrogacy due to its clear and supportive legal environment.
Pre-Birth Parentage Orders in Maine: Legal Recognition Before Birth
Maine’s surrogacy laws allow for pre-birth parentage orders, which provide legal recognition to intended parents before the child is born.
These orders are governed by Title 19A, Chapter 61 of the Maine Parentage Act. The following family types are eligible for pre-birth parentage orders in Maine:
Married Same-Sex Couples
Same-sex couples who are legally married and using their own genetic material in surrogacy can receive a pre-birth parentage order to establish their parental rights before the child’s birth. This process makes sure that both parents are recognized legally, even if one or both are not genetically related to the child.
Unmarried Heterosexual Couples
Unmarried heterosexual couples, whether using their own eggs and sperm or assisted reproductive technology, can qualify for pre-birth parentage orders. The biological parent may file for the order, and the non-biological parent’s rights can be legally established before birth.
Single Intended Parents
Single individuals, whether male or female, pursuing surrogacy are eligible to file for a pre-birth parentage order to have their legal rights established before the child’s birth. This is particularly significant for single parents, who can secure legal parentage before the child arrives.
Couples Using Donor Gametes
Couples using donor sperm or eggs for conception via surrogacy are also eligible for pre-birth parentage orders. Regardless of the genetic connection, both partners can be legally recognized as parents prior to birth.
Unmarried Same-Sex Couples
Unmarried same-sex couples can receive pre-birth parentage orders if they enter into a surrogacy agreement, whether one or both partners are genetically related to the child. This legal recognition is available even if the couple is unmarried.
Married Heterosexual Couples
Married heterosexual couples using their own genetic material in surrogacy (i.e., using their own sperm and egg) can file for a pre-birth parentage order.
Key Legal Considerations
- Venue for Filing: Pre-birth parentage orders can be filed in multiple venues:
- The county of the gestational carrier’s residence
- The county of the intended parents’ residence
- The county of the child’s birthplace
- The location of medical procedures related to the pregnancy
The venue typically does not affect the outcome, and motions for venue are generally accepted.
- Pre-Birth Orders Across State Lines: If the gestational carrier plans to deliver in Maine but neither party resides in the state, one party must have a significant connection, such as residency or medical procedures. If the birth occurs in Maine, a post-birth order is required, and the birth certificate can be corrected.
- Honor of Out-of-State Orders: Maine will honor pre-birth orders from other states as long as they have been domesticated by a Maine court. This process means that the legal parentage established in another state is recognized in Maine for the purposes of birth certificate issuance.
- Time Frame for Birth Certificate: Typically, Maine Vital Records can issue a birth certificate within 1-2 weeks after the child is born, provided that the legal parentage has been established through the pre-birth or post-birth order process
Explore the Carrying Dreams Surrogacy Heatmap
If you are interested in learning more about surrogacy in Maine and other states, we invite you to view the Carrying Dreams Surrogacy Heatmap. This tool offers valuable insights into the surrogacy laws across the U.S., including state-specific legal requirements.
If you have any inquiries about the surrogacy laws & process in Maine, feel free to contact us today.
