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Surrogacy Laws in Maine

If Maine is your residence, congratulations, you’re in a surrogacy-friendly state. It’s a great choice for residents and non-residents (e.g. International Intended Parents) alike. The Maine Parentage Act provides a surrogacy-positive regulatory framework allowing all types of families to participate in the miracle of surrogacy. Maine also makes it easy to establish legal parental rights protecting the interests of all parties involved as long as the eligibility requirements are met. If you’d like to read up on the exact eligibility requirements, the Maine Legislature has their statues posted, including MRS Title 19-A, Chapter 61. A surrogacy lawyer practicing in Maine can also walk you through the most up-to-date and accurate information about how to follow Maine’s surrogacy laws. Surrogacy Place is proud to offer a directory of licensed attorneys. Do note that if your state is not listed, feel free to check back soon for updates. 

Is surrogacy the right choice? Only you can answer that with guidance from your own self reflection, extensive research, your family, medical professionals, and qualified attorneys. In places in the US where commercial surrogacy is legal and practiced, there are requirements in place to protect all parties entering into such an arrangement. Maine has codified eligibility requirements via the Maine Parentage Act.

Surrogacy agreements typical reflect the state the surrogate is a resident of in terms of legal jurisdiction, but this is not always the case. Your attorney can provide you with more specific guidance on jurisdiction. You should never move to another state for the sole purposes of pursuing surrogacy, however, or compel a potential surrogate to move to a more surrogacy-friendly state. Such a move could jeopardize your parentage and invite a host of legal consequences. As always, listen to your attorney for guidance.

Is surrogacy in Maine legal and frequently practiced?

Yes. Gestational surrogacy is commonplace and the laws are very favorable to surrogacy. Traditional surrogacy, however, remains legal only in instances where the surrogate is a direct relation to one of the Intended Parents. While pre-birth orders are available broadly in Maine, they are not available in the case of Traditional surrogacy. Intended Parents who undergo a traditional journey will need to complete a post-birth adoption process to establish their parental rights.

As you begin to consider surrogacy in Maine, make sure you have a deep understanding of what you want your journey to look like. How do you feel about abortion? Where should the delivery take place? What do you want to happen in the case of pregnancy-related emergencies? What type of diet/lifestyle should a surrogate follow?

Is there a requirement that I use a surrogacy agency to find potential surrogates and Intended Parents?

Not at all. There are many like you who preferred going independent. Learn more below.

What types of Intended Parent(s) can use the services of a surrogate in Maine? Is Maine LGBTQ+ friendly?

All types of families are equally protected under the Maine Parentage Act. This means all types of families can obtain parentage pre-birth orders under a Gestational Carrier arrangement. This includes married or unmarried individuals, LGBTQ+ partners, single parents, and non-biologically linked parents (i.e. those using egg, sperm, or embryo donors).

What is access to Reproductive healthcare like in Maine?

Maine has favorable laws that protect reproduction healthcare access in the state. Abortions are available widely until the point of viability. After viability, they may be available to protect a woman’s life or health, including her mental health. This means most women that find themselves with dangerous and unexpected severe pregnancy complications can seek care locally.


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If I believe I’m qualified to be a surrogate, how can I be sure?

The only way to be sure is to pass a medical evaluation given by a Reproductive Endocrinologist. The first step, however, is to do a self-evaluation to consider if you meet some of the most basic requirements. We’ve created a short surrogacy quiz to help inform potential surrogates. 

Some of the qualifications surrogates in Maine should meet

  • Be over the age of 21, generally under the age of 42.
  • Have previously given birth to at least one child of your own.
  • Have your medical/pregnancy history and current physical and mental health evaluated by professionals.
  • You do not wish to have any more kids of your own. You are complete.
  • You are not on government assistance including food or housing assistance.
  • You will abstain from recreational drugs and alcohol.

The surrogacy process generally follows a specific timeline: interviewing prospective Intended Parents and surrogates (the “matching” phase), a thorough medical evaluation, final legal negotiations and contract signings (the “legal” phase), followed by embryo transfer. Surrogates must always find a dedicated and qualified attorney which the Intended Parents pay for.

For surrogates, here’s a guide of all the steps and a comprehensive guide on how to become a surrogate.

Using a platform like Surrogacy Place in Maine

Surrogacy Place was launched with the goal of custom matching in mind. As you learn what your specific needs are, try tailoring our custom search. You can even search by location so that surrogates and Intended Parents in Maine can be matched to your profile.

Surrogacy Place’s self-matching tools and database are always free for surrogate users, Intended Parents will need to pay a small subscription fee to set up a full profile and access most of the site’s features. You can get started at any time by creating your account.

Why should you choose independent surrogacy in Maine?

Making the choice to do an independent surrogacy journey provides numerous advantages for Intended Parents, including significant cost savings. There are several noteworthy advantages for surrogates too. By sidestepping agencies who consume a substantial portion of the Intended Parents’ available budget, more financial resources can often be directed towards compensating the surrogate including raising her base compensation to what she feels she deserves.

Additionally, utilizing a service like Surrogacy Place for independent matching allows for a more thorough and customized process based on specific criteria, such as location, feelings on termination, and embryo status. Many Intended Parents and surrogates appreciate being able to communicate directly throughout the journey, ensuring that their preferences and opinions are heard and taken into consideration.

Exclusive agency contracts can be problematic for many given that the perfect match may not be affiliated with that agency.  Choosing to go independent can also safeguard surrogates and Intended Parents from sales tactics that prioritize financial gain over finding an ideal partner for their journey.

Surrogacy can be expensive. Here’s some of the typical costs associated with undergoing surrogacy. 

Looking information about surrogacy in a different state? Take a look at our surrogacy-by-state directory.


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Bridget Myers

Bridget Myers grew up in small town in Maryland. She started her career as a substitute teacher before meeting the love of her life and moving to the suburbs of Chicago. She has a passion for dogs and painting. Bridget got involved in Surrogacy Place after researching surrogacy for her best friend. Since joining the team at Surrogacy Place, she has developed a passion for advocating on behalf of Intended Parents and surrogates and doing her part for meaningful reform in the industry.