Maine Surrogacy Laws 2026

Understanding surrogacy laws in Maine

Welcoming a child through surrogacy is a profound and personal journey—one that deserves clarity, compassion, and unwavering legal protection. Maine surrogacy laws are among the most supportive and transparent in the United States, offering Intended Parents and Surrogates a clear path forward. Whether you’re considering growing your family or helping someone else achieve their dream, you can feel confident knowing that Maine’s legal framework is designed to safeguard everyone involved.

Maine’s surrogacy laws, established under the Maine Parentage Act (Title 22, §1503-A), provide comprehensive guidance for both gestational and traditional surrogacy arrangements. The law ensures that surrogacy contracts are enforceable, parentage is clearly established, and all parties’ rights are respected. This commitment to safety and transparency means your surrogacy journey in Maine is supported by robust legal protections and a culture of respect.

Types of surrogacy recognized in Maine

Maine recognizes both gestational and traditional surrogacy, making it an inclusive state for a wide range of family-building journeys.

Gestational surrogacy

In gestational surrogacy, the Surrogate carries a child conceived using the egg and sperm of the Intended Parents or donors. The Surrogate has no genetic relationship to the child. Maine law fully supports gestational surrogacy, allowing Intended Parents to establish their legal parentage before the child is born. This provides peace of mind and a seamless transition for families.

Traditional surrogacy

Traditional surrogacy involves a Surrogate who is genetically related to the child, as her own egg is used in conception. While less common, traditional surrogacy is also legally recognized in Maine. The law requires additional steps to ensure that all parties understand their rights and responsibilities, and that the Intended Parents’ legal status is secured. If the Surrogate is carrying for an Intended Parent that is not a family member, then a legal adoption process would be necessary.

Altruistic and compensated surrogacy

Maine surrogacy laws allow for both altruistic (unpaid) and compensated (paid) surrogacy arrangements. This flexibility means that Surrogates can be compensated for their time, effort, and expenses, or may choose to help Intended Parents out of generosity. In either case, the law ensures fairness and transparency, so everyone’s interests are protected.

These inclusive options reflect Maine’s commitment to supporting diverse families and honoring the intentions of both Surrogates and Intended Parents.

Who can become a Surrogate or Intended Parent in Maine

Maine’s surrogacy laws are designed to be inclusive, while also prioritizing the safety and well-being of all participants. Here’s what you need to know about eligibility:

Intended Parents

• Marital status: Both married and unmarried individuals or couples can pursue surrogacy in Maine.
• Sexual orientation: Maine welcomes all Intended Parents, regardless of sexual orientation or gender identity.
• Residency: There is no requirement for Intended Parents to be Maine residents, making the state accessible to families from across the country and around the world.

Surrogates

• Age: Surrogates must be at least 21 years old.
• Health: Surrogates must undergo a thorough medical evaluation to ensure they are physically and emotionally prepared for pregnancy.
• Previous pregnancy: Surrogates should have had at least one prior successful pregnancy and delivery.
• Informed consent: Surrogates must receive independent legal counsel and provide written, informed consent before entering into a surrogacy agreement.

These requirements are in place to protect the health, rights, and emotional well-being of everyone involved. By setting clear standards, Maine ensures that surrogacy journeys are safe, ethical, and respectful.

Legal requirements for Maine surrogacy contracts

A strong, legally sound contract is the foundation of every successful surrogacy journey. Maine surrogacy laws set clear standards for surrogacy agreements, ensuring that all parties are protected and fully informed.

Key contract requirements

• Written agreement: All surrogacy arrangements must be documented in a written contract, signed by the Intended Parents, the Surrogate, and (if applicable) the Surrogate’s spouse.
• Independent legal counsel: Both the Surrogate and the Intended Parents must have their own independent attorneys. This ensures that everyone’s interests are represented and that the agreement is fair and fully understood.
• Detailed terms: The contract must clearly outline:
• The rights and responsibilities of each party
• Compensation and reimbursement details (if applicable)
• Medical and psychological screening requirements
• Plans for parental rights and custody
• Procedures for handling potential complications or disputes
• Court approval: For gestational surrogacy, Intended Parents can obtain a pre-birth order from the court, establishing their legal parentage before the child is born. This provides security and peace of mind from the very beginning.

Why these safeguards matter

These legal requirements are not just formalities—they are essential protections that ensure every surrogacy journey in Maine is built on trust, transparency, and mutual respect. By working with experienced professionals and following Maine’s surrogacy laws, you can move forward with confidence, knowing that your rights and your family’s future are secure.

Begin your surrogacy journey in Maine with confidence

Ready to take the next step toward building your family or helping others achieve their dreams? At Hatch, we’re here to guide you with expertise, compassion, and a steadfast commitment to your safety and success. Maine surrogacy laws offer a welcoming, secure environment for Intended Parents and Surrogates alike—and with Hatch by your side, you can embark on this life-changing journey feeling fully supported every step of the way.

Start your surrogacy journey with Hatch today—experience the difference that care, clarity, and commitment can make.

Frequently Asked Questions

• Are surrogacy contracts enforceable under Maine surrogacy laws?
  Yes, Maine surrogacy laws make surrogacy contracts fully enforceable, provided all legal requirements are met and both parties have independent legal counsel.
• Can same-sex couples or single parents pursue surrogacy in Maine?
  Absolutely. Surrogacy laws in Maine are inclusive, allowing same-sex couples and single parents to become Intended Parents.
• Is compensation for Surrogates allowed in Maine?
  Yes, both compensated and altruistic surrogacy arrangements are legal and protected under Maine surrogacy laws.
• Do Intended Parents need to be Maine residents?
  No, there is no residency requirement. Intended Parents from any state or country can pursue surrogacy in Maine.
• What legal protections exist for Surrogates in Maine?
  Surrogates are protected by requirements for independent legal counsel, informed consent, and clear contract terms under Maine surrogacy laws.