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?
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?
Do results vary by venue?
Are motions for venue accepted?
Is a hearing required to obtain a pre-birth order?
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?
Will Maine Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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)?
Note: This situation typically arises if the child is born outside 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?
Does the couple need to be married?
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?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
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.
Judith Berry
judithberryme@aol.com
(207) 839-7004
Christopher Berry
cberry@cjberrylaw.com
(207) 839-7004
Kathleen Delisle
info@NDLLaw.com
www.ndllaw.com
(508) 460-0500
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