Surrogacy in Maine: The Complete 2026 Guide

Maine put gestational surrogacy into its Parentage Act, so the provisions that matter to a journey are written down rather than left to practice.

Parentage at birth, without a genetic test. Where the agreement meets the chapter, the intended parents are "by operation of law the parent or parents of the resulting child immediately upon the birth" (19-A M.R.S. § 1933), and § 1931(2) reaches intended parents "whether genetically related to the child or not." Neither the carrier nor her spouse is a parent.

The agreement protects you before the order arrives. § 1932(3)(J) requires it to state that the carrier has no claim to parentage "regardless of whether a court order has been issued at the time of birth," and counsel's written declarations are what hospital staff and the vital records office rely on at birth for birth registration and certification.

Orders before or after the birth. Under a valid agreement, a party may petition the District Court "before or after the birth" for an order declaring parentage, directing the birth certificate, and sealing the record (§ 1934).

A laboratory-error rule written into Maine law. If a laboratory error leaves the child genetically unrelated to the intended parents or their donor, "the intended parent or parents are considered the parent or parents of the child" (§ 1933(3)).

The condition to check first is residency. § 1932(3)(C) requires "at least one of the parties" to be "a legal resident of the State" — and the parties include the carrier. Settle your position with a Maine attorney before matching.

Surrogacy in Maine is governed by the Maine Parentage Act, 19-A M.R.S. chapter 61, subchapter 8 — "Gestational carrier agreement," §§ 1931 to 1939. It was enacted by PL 2015, c. 296 and amended once, by PL 2015, c. 456, which added § 1939 and the cross-reference to it in § 1932(4).

Who may take part

The carrier (§ 1931(1)) must be at least 21, have previously given birth to at least one child, have completed a medical evaluation that includes a mental health consultation, have had independent legal representation of her own choosing and paid for by the intended parents, and must not have contributed the gametes — "unless the gestational carrier is entering into an agreement with a family member."

The intended parents (§ 1931(2)), "whether genetically related to the child or not," must complete a medical evaluation and mental health consultation and retain independent legal representation. § 1931(2) states no age threshold for intended parents; ask Maine counsel about general capacity rules outside that section.

⚠️ "Family member" is not defined in the Act's definitions at § 1832, and that section treats a woman who carries for a family member using her own gametes as a gestational carrier only if she also fulfills the requirements of subchapter 8. Ivy's programs are gestational; ask Maine counsel about any such arrangement.

What the agreement must contain

§ 1932(3) makes an agreement enforceable only if it is in writing and signed by all parties; requires no more than a one-year term to achieve pregnancy; has at least one party who is a legal resident of Maine; is executed before any medical procedure other than the § 1931 evaluations and, "in every instance, before transfer of embryos"; has both sides meeting § 1931; is executed by the spouse of any married party; has independent counsel on both sides, each affirming in a written declaration attached to the agreement that it meets the chapter; includes each side's written acknowledgment of receiving a copy; and has every signature notarized, acknowledged or attested.

Those counsel declarations do real work: § 1932(3)(G) says they "must be solely relied upon by health care providers and staff at the time of birth and by the Office of Data, Research and Vital Statistics for birth registration and certification purposes."

§ 1932(3)(J) mandatory terms. The agreement must expressly provide that the carrier must undergo assisted reproduction and attempt to carry and give birth; that she and her spouse have no claim to parentage "immediately upon the birth … regardless of whether a court order has been issued at the time of birth"; that she has "the right to use the services of a health care provider of her choosing to provide her care during her pregnancy"; that the intended parents accept parentage and support "regardless of the number, gender or mental or physical condition of the child or children"; and that all parties supply records related to the medical evaluations conducted under § 1931(2)(A).

Payment, and the carrier's own decisions

§ 1932(4): "Except as provided in section 1939, a gestational carrier agreement may provide for payment of reasonable expenses, which, if paid to a prospective gestational carrier, must be negotiated in good faith between the parties." How a package is structured under that language is a matter for the Maine attorney drafting the agreement.

§ 1932(5): an agreement "may not limit the right of the gestational carrier to make decisions to safeguard her health."

§ 1939 puts the carrier's uninsured health care costs on the intended parents — "the expenses of all health care provided for assisted reproduction, prenatal care, labor and delivery" not paid by her insurance. The agreement must explicitly detail how those costs are paid, and a breach does not relieve the intended parents of the liability. § 1939(3) preserves whatever insurance coverage otherwise exists and does not change an insurer's obligations. Note the definition ends at delivery — postpartum costs are a matter for the contract.

Parentage, and the order

At birth. Under § 1933, where the agreement satisfies the chapter, the intended parents are "by operation of law the parent or parents … immediately upon the birth," parental rights "vest exclusively" in them, and neither the carrier nor her spouse is a parent. § 1933(3): a laboratory error that leaves the child genetically unrelated to the intended parents or their donor does not disturb their parentage.

The order. "Pursuant to a valid gestational carrier agreement under this subchapter," § 1934 lets a party commence a proceeding in the District Court before or after the birth for an order designating the birth certificate contents under 22 M.R.S. § 2761 and directing the Office of Data, Research and Vital Statistics; declaring parentage; sealing the record from the public; or for any other relief the court finds necessary and proper. Neither the State nor the State Registrar is a necessary party. Under § 1935, and "subject to the jurisdictional standards of section 1745," the court keeps exclusive, continuing jurisdiction until the child reaches 180 days.

There is also a non-court route to the birth certificate — for a birth that occurs in Maine. § 2761 governs registration of "each live birth that occurs in this State," and § 2761(3-A) provides that for birth registration the birth mother is the woman who gave birth "unless … an attested copy of a gestational carrier agreement … is presented that provides otherwise." Which route your journey uses is a decision for your attorney. A § 1934 order can do things an agreement cannot — sealing the record, and a judicial declaration of parentage. How it is treated outside Maine is a separate question for counsel.

If something goes wrong

• Either side may terminate before transfer. § 1936 allows withdrawal of consent to any medical procedure and termination "at any time prior to any embryo transfer or implantation," on written notice. The carrier keeps all payments received and may obtain those she is entitled to; the intended parents remain responsible for reimbursable expenses through termination; and neither she nor her spouse is liable to the intended parents for terminating.
• A non-complying agreement is not enforceable, and the court "shall determine the respective rights and obligations of the parties … including evidence of the intent of the parties at the time of execution" (§ 1938(1)–(2)). § 1938(1) opens "Except as otherwise provided," so treat every parentage statement on this page as resting on a complying agreement, and ask counsel what a specific defect would mean.
• Specific performance, both ways — and both about her breach. It is not an available remedy for a breach by the gestational carrier of a term requiring her "to be impregnated or to terminate a pregnancy." It is available for a breach by the gestational carrier of a term "that prevents the intended parent or parents from exercising the full rights of parentage immediately upon birth" (§ 1938(5)).
• Genetic testing may be ordered where parentage is alleged not to be the result of assisted reproduction and that question is relevant to determining parentage (§ 1938(4)).

The residency condition, and what Maine law leaves open

§ 1932(3)(C): "At least one of the parties must be a legal resident of the State." The parties are the carrier, her spouse and the intended parents — so a Maine-resident carrier can satisfy this condition. What is clear is the negative case: an agreement where no party is a Maine legal resident does not meet § 1932(3)(C).

• "Legal resident" is not defined in the subchapter, and no decision construing it was located.
• § 1935 ties continuing jurisdiction to § 1745, Maine's UCCJEA provision, whose home-state test is built around a child's residential history. How that applies to a pre-birth § 1934 petition is not answered by the text. Venue and filing location are questions for your Maine attorney.
• No decision construing §§ 1931–1939 was located. A CourtListener search limited to Maine Supreme Judicial Court opinions on 15 August 2026 returned three distinct decisions for the logged gestational-carrier terms; none interprets the subchapter. Nolan v. LaBree, 2012 ME 61, predates PL 2015, c. 296 and does not interpret it. The search covered appellate opinions only.

General information, not legal advice. Maine gestational carrier agreements and parentage orders should be handled by a licensed Maine attorney experienced in assisted reproduction.

Who can be an intended parent. § 1931(2) reaches "a person or persons intending to become a parent or parents, whether genetically related to the child or not." You must first complete a medical evaluation and mental health consultation and retain independent counsel. It states no age threshold; capacity rules outside it are a counsel question.

Parentage under a complying agreement. Where the agreement meets the chapter, you are "by operation of law the parent or parents of the resulting child immediately upon the birth," parental rights "vest exclusively" in you at that moment, and neither the carrier nor her spouse is a parent (§ 1933). Every parentage statement here assumes compliance; the legal framework section covers a missed requirement.

A laboratory-error protection. Under a complying agreement, if a laboratory error leaves the child not genetically related to you or your donor, "the intended parent or parents are considered the parent or parents of the child" (§ 1933(3)).

What you take on. The agreement must record that you accept parentage and support "regardless of the number, gender or mental or physical condition of the child or children" (§ 1932(3)(J)(4)); your breach does not relieve you of that support obligation (§ 1933(1)(B)).

The order. Under a valid agreement, a party may petition the District Court before or after the birth for an order declaring parentage, designating the birth certificate and sealing the record (§ 1934). Neither the State nor the State Registrar is a necessary party, and, subject to § 1745, the court keeps exclusive, continuing jurisdiction over matters arising from the agreement until the child is 180 days old.

Residency is a real condition. § 1932(3)(C) requires "at least one of the parties" to be a legal resident of the State. The parties include the carrier, so a Maine-resident carrier can satisfy it — but the statute never defines the term. Confirm your position with a Maine attorney before matching.

If something changes. § 1937 provides that the carrier's later marriage does not affect the agreement's validity and her spouse is not a presumed parent. It addresses only her marriage, so raise divorce or changes on your side with counsel.

A Maine journey with Ivy typically runs $140,000 and up, all in. The largest line is the surrogate's compensation; the rest is agency, legal, medical, insurance, escrow and screening.

What Maine law puts on you. § 1939 makes you "liable for the health care costs of the gestational carrier that are not paid by her health insurance" — "the expenses of all health care provided for assisted reproduction, prenatal care, labor and delivery." The agreement "must explicitly detail how the health care costs … are paid," and a breach does not relieve you of that liability.

⚠️ Budget past the definition. § 1939's list ends at delivery, so postpartum care and lost wages are allocated by your contract. Deductibles and complication bills are different: where they are costs of assisted reproduction, prenatal care, labor or delivery that insurance did not pay, § 1939 still puts them on you.

Legal fees on both sides. § 1931(1)(D) requires the carrier to have independent counsel of her own choosing, paid for by you — a statutory cost, not an option. Both attorneys prepare the written declarations attached to the agreement (§ 1932(3)(G)), and every signature is notarized, acknowledged or attested (§ 1932(3)(I)).

Escrow. Not required by Maine's chapter; Ivy uses it regardless, funded before medications start.

The court step. A § 1934 petition goes to the District Court; costs vary by firm.

Every figure except the statutory obligations moves with your protocol, insurance and transfers — ask us for a written estimate.

A Maine journey follows the standard gestational surrogacy path. What the statute changes is the signing formalities and which court issues the order.

Screening, on both sides. Maine requires the carrier to complete a medical evaluation that includes a mental health consultation (§ 1931(1)(C)), and the intended parents a medical evaluation and mental health consultation of their own (§ 1931(2)(A)).

Matching. Profiles, a call, a mutual decision.

Contract. Each side has its own attorney; the carrier's is her choice and paid by the intended parents. Both attorneys sign written declarations attached to the agreement stating that it meets the chapter — what hospital staff and the vital records office rely on at birth for registration and certification (§ 1932(3)(G)). Married parties' spouses sign too, every signature is notarized, acknowledged or attested, and each side acknowledges receiving a copy. Compensation goes into escrow.

Sign before any medical procedure other than the § 1931 evaluations. The agreement must be executed before any other medical procedure and, "in every instance, before transfer of embryos" (§ 1932(3)(D)). It may require no more than a one-year term to achieve pregnancy.

Transfer and pregnancy. Medications, transfer and monitoring, then care with the provider of her choosing.

The parentage order. Under a valid agreement, a party may petition the District Court before or after the birth (§ 1934) for an order declaring parentage, designating the birth certificate contents and directing the Office of Data, Research and Vital Statistics, and sealing the record. Neither the State nor the State Registrar is a necessary party.

Afterward. Subject to § 1745, the court keeps continuing jurisdiction over matters arising from the agreement until the child is 180 days old.

Maine writes several of your protections into the statute rather than leaving them to whatever a contract happens to say.

Your own lawyer, chosen by you and paid by them. § 1931(1)(D) requires "independent legal representation of her own choosing and paid for by the intended parent or parents," with advice on the legal consequences of the agreement.

Your health decisions. A gestational carrier agreement "may not limit the right of the gestational carrier to make decisions to safeguard her health" (§ 1932(5)). Read that clause carefully with your attorney — it protects decisions taken to safeguard your health, and how far it reaches in a given situation is worth asking about before you sign.

The provider you choose. The agreement must state that you have "the right to use the services of a health care provider of her choosing to provide her care during her pregnancy" (§ 1932(3)(J)(3)).

You can stop before transfer — and you are protected on the way out. Any party may withdraw consent and terminate "at any time prior to any embryo transfer or implantation," on written notice. If that happens you "keep all payments … received and obtain all payments to which she is entitled," the intended parents "remain responsible for all expenses that are reimbursable under the agreement" through the date of termination, and neither you nor your spouse "is liable to the intended parent or parents for terminating" (§ 1936).

A court will not order you to become pregnant or to end a pregnancy. Specific performance is expressly not an available remedy for your breach of any term requiring you "to be impregnated or to terminate a pregnancy." It is available for your breach of a term that prevents the intended parents from exercising full rights of parentage at birth — both halves are in § 1938(5).

Your uninsured medical costs are theirs. § 1939 makes the intended parents liable for your assisted-reproduction, prenatal, labor and delivery costs that insurance does not pay.

Start your application — about ten minutes.

Two sets of requirements apply in Maine: what the statute demands, and what Ivy and the IVF clinic ask on top of it.

What Maine law requires (19-A M.R.S. § 1931(1)):

• At least 21 years of age.
• Have previously given birth to at least one child.
• A completed medical evaluation that includes a mental health consultation.
• Independent legal representation of your own choosing, paid for by the intended parents, and advice on the legal consequences of the agreement.
• You may not have contributed the gametes used, unless the agreement is with a family member.
• If you are married, your spouse also executes the agreement (§ 1932(3)(F)), and every signature is notarized, acknowledged or attested (§ 1932(3)(I)).

What Ivy asks:

• Age 20–36 at application. You may apply at 20, but § 1931(1)(A) requires you to be 21 to sign the agreement, which happens before any transfer.
• At least one healthy full-term pregnancy, and currently raising that child.
• BMI of 32 or below.
• No more than 2 cesarean deliveries and no more than 5 deliveries total — these come from IVF clinic requirements rather than Maine law.
• No smoking, vaping or THC for 6+ months.
• Not on public assistance; a stable home, reliable transportation and household support.
• U.S. citizen or lawful permanent resident.

You can apply as early as three months postpartum after a vaginal delivery, longer after a cesarean.

Your residency may be what makes the agreement work. § 1932(3)(C) requires at least one party to be a legal resident of Maine — and you are a party.

At Ivy, first-time base compensation in Maine is $40,000, with $45,000–$50,000 for a second journey and $55,000–$60,000 for a third or more — proven surrogates can ask for more. With allowances and milestone payments, most packages land between $50,000 and $100,000+. See the full breakdown.

What the statute says about payment. § 1932(4) provides that a gestational carrier agreement "may provide for payment of reasonable expenses, which, if paid to a prospective gestational carrier, must be negotiated in good faith between the parties." How a package is structured under that language is for the Maine attorney drafting your agreement.

Your medical costs are separate from your pay, and the statute puts them on the intended parents. § 1939 makes them "liable for the health care costs of the gestational carrier that are not paid by her health insurance" — "the expenses of all health care provided for assisted reproduction, prenatal care, labor and delivery." The agreement must detail how they are paid, and a breach does not relieve them of it.

The definition ends at delivery, so postpartum care and lost wages are matters for your contract. Deductibles and complication bills are not automatically outside § 1939 — where they are costs of assisted reproduction, prenatal care, labor or delivery that insurance did not pay, it still puts them on the intended parents. Go through those clauses with your own lawyer.

Your compensation goes into independent escrow before medications start.

Maine journeys are usually run out of southern Maine, where the fertility practices sit. Two whose own websites we confirmed on 15 August 2026:

• Boston IVF — The Portland, ME Fertility Center — South Portland.
• Fertility Centers of New England — The Falmouth Center — Falmouth.

Both belong to multi-state New England networks, so where monitoring happens and where a transfer happens are not always the same address. Ask any practice directly which parts of a gestational carrier cycle it performs on site.

These listings are informational, not endorsements, and not a complete list. Intended parents normally stay with the clinic holding their embryos — many Ivy journeys transfer embryos in from a clinic in another state, or from outside the US, and a Maine surrogate then receives care locally. If you already have a clinic, keep it; we will coordinate with wherever your embryos are.

Statutes: Maine Parentage Act, 19-A M.R.S. ch. 61, subch. 8 — Gestational Carrier Agreement, §§ 1931–1939: § 1931 (eligibility), § 1932 (the agreement, payment, health decisions), § 1933 (parentage at birth; laboratory error), § 1934 (birth orders), § 1935 (180-day jurisdiction), § 1936 (termination before transfer), § 1937 (carrier's later marriage), § 1938 (non-compliance, remedies), § 1939 (health care costs). Definitions: § 1832.

Enacted: PL 2015, c. 296, amended by PL 2015, c. 456, which added § 1939 and the cross-reference in § 1932(4). No later amendment appears in the section histories.

Birth certificates (Maine births): 22 M.R.S. § 2761; § 2761(3-A) lets an attested copy of a gestational carrier agreement determine the certificate's parentage entries, alongside the § 1934 order route.

Case law: a CourtListener search limited to Maine Supreme Judicial Court opinions on 15 August 2026 located no decision interpreting §§ 1931–1939. Nolan v. LaBree, 2012 ME 61, is a Maine gestational surrogacy decision, but it predates PL 2015, c. 296 and does not construe the subchapter. The search covered appellate opinions only.

Court: District Court (§ 1934).

Getting started with Ivy: surrogate application · intended parents · surrogate compensation · contact us.