Yes, surrogacy is legal in Maine under the Maine Parentage Act (2016), which explicitly permits gestational surrogacy agreements. The state does not criminalize surrogacy contracts but enforces strict parental rights protections via the Probate Court, requiring pre-birth orders or judicial approval to establish intended parents’ legal parentage. Recent 2026 amendments to the Act mandate additional background checks for surrogates and intended parents, aligning with the Maine Department of Health and Human Services’ oversight of reproductive agreements.
Key Regulations for Surrogacy in Maine
- Pre-Birth Orders Required: Intended parents must petition the Probate Court for a pre-birth parentage order, which the court may grant if the surrogate consents and the agreement complies with state law. Post-birth adoption is not a viable alternative under Maine’s framework.
- Compensation Limits: Surrogacy contracts may include reasonable compensation for the surrogate’s medical and ancillary expenses, but the state prohibits payments tied to the child’s birth or transfer of custody, per the Maine Unfair Trade Practices Act.
- Judicial Oversight: All surrogacy agreements must be reviewed by the Probate Court, which evaluates the surrogate’s informed consent, the absence of coercion, and the intended parents’ financial and medical preparedness. The court retains jurisdiction until the child’s birth and final parentage order.