• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Academy of Adoption & Assisted Reproduction Attorneys

Guide Advocate Protect

  • Español
  • 中文 (简体)
  • العربية‏
  • עברית
  • Français
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • About AAAA
    • News
    • Events
    • Join
    • Our Sponsors
    • Publications
    • History
    • Leadership
    • Awards
    • Governing Documents
    • Contact
  • Find An Attorney
    • Attorney Directory
    • Attorney Listings by State
    • Why You Need an Attorney
    • Selecting an Attorney in Adoption Matters
    • Selecting an Attorney in ART Matters
  • For Birth Parents
  • Adoption
    • Adoptive Parents
    • Adoption Professionals
  • Assisted Reproduction (ART)
    • Intended Parents
    • Surrogates
    • Donors
    • ART Professionals
    • Medical Professionals
    • ART Laws by State
  • Charitable Trust
    • Governance
    • Donate
    • Charitable Trust News
    • Apply for a Grant
    • Families We Are Helping
    • FAQs
  • Fellows Only
Home > Assisted Reproductive Technology Laws by State > Assisted Reproductive Technology Laws in Maine X

An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Maine

Whether you are considering becoming a donor or surrogate or you are a prospective intended parent, knowledge is power. To help in your family journey, experienced ART attorneys licensed in Maine and fellows of The Academy of Adoption and Assisted Reproduction Attorneys (AAAA)  share expertise and provide an introduction to the laws of Assisted Reproduction Technology in ME.

Key Questions on ART Laws in Maine

Generally, is Maine state friendly to ART? Yes, Maine is a leader in ART law and has very friendly laws and processes.

Is Maine friendly to non-married couples? Yes, Maine has no restrictions on how a family is structured.

Is Maine friendly to LGBT families? Yes, Maine has no restrictions or requirements on how a family is structured.

Is Maine friendly to a single intended parent? Yes, Main is friendly to a single intended parent.

Are there statutes in place for surrogacy? Yes, Maine protects Intended Parent(s) and gestational carriers via the Maine Parentage Act.

Does Maine have an embryo donation statute? Yes, Maine permits embryo donation by statute.

Does Maine have an egg donation statute? Yes, Maine permits egg donation by statute.

Is gestational surrogacy (third party gamete use) permitted? Maine allows gestational surrogacy.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted?  Yes, pre-birth orders may be used for intended parents related to their surrogate. For a non-family situation, the matter would be resolved in a post birth adoption. Non-resident intended parents may adopt in Maine, with no home study required if one intended parent is a genetic parent.

Is compensated surrogacy allowed by statute?  In practice?  Maine allows compensated surrogacy by statute.

Does Maine permit only non-compensated gestational surrogacy (with expense reimbursement)? No, reasonable compensation and expenses are allowed in Maine.

Are surrogacy agreements enforceable, void or prohibited? Surrogacy agreements are enforceable in Maine and ought to be executed BEFORE any significant medical procedures.

Do both Intended Parents both have to be genetically related to the child? No, Intended Parents do not need to have a genetic connection in Maine.

Does Maine require at least one Intended Parent to be genetically related to the child? Maine does not require at least one Intended Parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child? A single intended parent that uses surrogacy in Maine does not have to be genetically related to the child.

Do the Intended Parents have to be married?  Intended Parents do not have to be married to use surrogacy in Maine.

Do two Intended Parents have to be opposite genders?  For surrogacy in Maine, two Intended Parents do not have to be opposite genders.

Does Maine allow pre-birth parentage orders to be issued for surrogacy?  Yes, and in Maine it is the best practice to get a pre-birth order. If there are foreign requirements for a post birth order, a second confirmatory order is typically used.

Does Maine only allow a post-birth parentage order to be issued?  Maine does not allow post birth orders.

Can you obtain both a pre and post birth order in Maine for the same child?  Maine will allow both a pre and post birth order for the same child in one action.

Can you obtain a parentage order if only the carrier resides in Maine? Maine will allow a parentage order if the carrier resides in Maine.

Can you obtain a parentage order if only the intended parents reside in Maine? Maine will allow a parentage order if the intended parents reside in Maine.

Can you obtain a parentage order if only the birth occurs in Maine?  Maine will allow a parentage order if the birth occurs in Maine.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Maine?  Maine will not allow a parentage order based on only the medical procedures/IVF Clinic being in Maine.

What is the basis for venue in Maine?  Venue is determine based on one party residing in Maine or the birth occurring in Maine.

Do results vary by venue?  The results do not vary by venue in Maine.

Is a hearing required for a parentage order?  A hearing is required in Maine, but is typically via telephone, or video conferencing.

    

Does Maine have a passport office?  Maine does not have a passport office, but right across the border in New Hampshire there is a same day passport office.

How long does it take to obtain a birth certificate?  It takes 2-5 business days to obtain a birth certificate in Maine.

Will Maine vital records honor a parentage order from another state?  Maine vital records will honor a parentage order from another state if it is domesticated in a Maine Court.

Does  Maine’s  vital records office require a parentage order from another state to be registered?  Maine’s vital records office does require a parentage order from another state to be registered.

How does the birth certificate list same-sex parents?  Same-sex parents on a Maine birth certificate are listed as “Parent and Parent”.

Can a Maine initial birth certificate be obtained naming the biological parent and the carrier? An initial birth certificate in Maine can be obtained naming the biological parent and the carrier.  However, this requires a pre and post birth order or similar process. The parties interested in such a birth certificate are strongly encouraged to discuss with an attorney their precise legal needs.

Can the birth certificate be amended to include only the biological parent or both intended parents? A Maine birth certificate can be amended to include only the biological parent or both intended parents.

Do Maine amended birth certificates say “amended” on them?  Maine amended birth certificates normally do not say “amended” on them.

    

Can intended parents in a surrogacy obtain an adoption order? Intended Parents in a surrogacy in Maine can obtain an adoption order.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Maine should not rely exclusively on these printed responses.  All these issues should be discussed with a Maine attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.

AAAA Assisted Reproduction Technology Attorneys in ME

Loading...

Assisted Reproduction Technology Laws by State

Footer

AAAA Mission

The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

Contact Info

Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
859 Riverside Drive, #9
Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

Quick Links

  • AAAA Directory
  • Why You Need an Attorney
  • Adoption
  • Assisted Reproduction (ART)
  • Join AAAA
  • Governing Documents

DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

© 2018 Academy of Adoption and Assisted Reproduction Attorneys. All Rights Reserved.  Site Map | Privacy Policy