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.
Christopher Berry
cberry@cjberrylaw.com
(207) 839-7004
Kathleen Delisle
info@NDLLaw.com
www.ndllaw.com
(508) 460-0500
The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.
CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.
Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.
The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.
CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.