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