Effective July 1, 2016, The Maine Parentage Act provides statutory permission to engage in gestational surrogacy in Maine. Title 19A, Chapter 61.
Do courts grant pre-birth parentage orders? Yes, in almost every county.
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
*So long as requirements of statute are met
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
Note: Title 19A, Sec. 1852 provides: 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.
What are the bases for venue? County of the Gestational Carrier’s residence, county of the Intended Parents’ residence, county of the child’s birthplace, and location of the medical procedures.
Do results vary by venue? No
Are motions for venue accepted? Usually
Is a hearing required to obtain a pre-birth order? Typically yes, but not always
Is a pre-birth order possible in Maine based on a Gestational Carrier’s plan to deliver in Maine, if no party lives in Maine? Yes, however one party must have a significant connection to Maine; such as a residence or medical procedures related to the pregnancy. A post birth order would be appropriate if the birth occurred in Maine and could be scheduled such that the initial birth certificate is correct.
Will Maine Vital Records honor a pre-birth order from another state? Yes, but the order must be domesticated by a Maine court.
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 they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes
Can the non-biological parent of a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Maine (i.e., neither of the Intended Parents lives in Maine)? Yes
Note: This situation typically arises if the child is born outside of the state. The parents then return to Maine to obtain a second parent adoption or stepparent adoption in Maine.
Will courts in Maine grant second parent or stepparent adoptions to heterosexual couples living in Maine? Yes
Does the couple need to be married? No
Will courts in Maine grant second parent adoptions or stepparent adoptions to same-sex couples living in Maine? Yes
Does the couple need to be married? No
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes. Sec. 1922 provides: A donor is not a parent of a child conceived through assisted reproduction.
Traditional Surrogacy is permitted in Maine if the gestational carrier enters into a contract with a family member. See Sec.1931(1)(E).[MM1] If it is not for a family member, it is still possible, but a formal adoption process must take place.
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