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Maine Marriage/Relationship Recognition Law

Licenses marriages for same-sex couples? No.

Honors marriages of same-sex couples from other jurisdictions? No.
Maine law states, “Persons of the same sex may not contract marriage.”

Any form of statewide relationship recognition for same-sex couples? Yes.
In 2004 the state Legislature passed a law establishing a domestic partner registry. Registered couples can  inherit a deceased partner’s property if he or she dies without a will, make funeral and burial arrangements, be named a guardian or conservator if their partner becomes incapacitated, be named a representative to administer a deceased partner’s estate and  make organ and tissue donations. Same-sex partners are also explicitly protected in the state’s domestic violence laws.

Citation: ME. REV. STAT. ANN. tit. 19 § 701; tit. 15, §321; tit. 18-A, §1-201, 2-202, 3-203, 5-311, 5-410; tit. 19-A, §4002; tit. 22, §2710, 2843, 2846.

Maine Domestic Partners
Maine’s domestic partner registry law went into effect July 30, 2004.

Benefits
Registered domestic partners are eligible for limited rights, including:

  • Inheritance without a will
  • Making funeral and burial arrangements
  • Entitlement to be named a guardian or conservator if partner becomes incapacitated or to be named a representative to administer a deceased partner’s estate
  • Entitlement to  make organ and tissue donation
  • Explicit protection in the state’s domestic violence laws

Eligibility
State law requires that to register as domestic partners, both partners must:

  • Have been living together in Maine for at least a year;
  • Not already be married or in a registered domestic partnership with someone else and
  • Be mentally competent, according to the state’s standards.

To obtain the Declaration of Domestic Partnership form, visit a local municipal office or download a copy from the state website.


The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Last Updated: 3/9/2007