State Laws and Legislation

Maine Surrogacy Law

Summary: It is unclear how Maine law would treat a surrogacy agreement that includes lesbian, gay, bisexual or transgender (LGBT) individuals because there are no statutory provisions or published cases dealing with the issue of surrogacy.

However, it is legal in Maine for LGBT couples to jointly adopt a child, and there is no explicit prohibition on LGBT individuals adopting the child of their same-sex partner. Moreover, now that same-sex couples have the right to marry in Maine, it is possible that a court would look favorably upon a surrogacy agreement involving LGBT individuals.

Citations: Adoption of M.A., 930 A.2d 1088 (Me. 2007).

Updated: Tue, September 08, 2009 - 11:00:00