Legal note: This page is educational only. Maine counsel should confirm eligibility, residency connection and parentage procedure for the specific arrangement.
Eligibility
Under 19-A §1931, a gestational carrier must be at least 21, have previously given birth, complete a medical evaluation that includes a mental-health consultation, and have independent legal representation of her choosing paid for by the intended parent or parents. Intended parents also have evaluation and independent-counsel requirements.
Agreement requirements
Under §1932, the agreement must be written and signed by the required parties. At least one party must be a Maine legal resident. The agreement must be executed before medical procedures other than required evaluations and, in every instance, before embryo transfer. Independent legal counsel and proper acknowledgment of signatures are also required.
Parentage
The Maine Parentage Act recognizes parentage through consent to a compliant gestational carrier agreement. The statute also includes a specific birth-order procedure.
Medical decision-making
The agreement may not limit the gestational carrier's right to make decisions to safeguard her health. The statute also gives the carrier the right to use a health-care provider of her choosing for pregnancy care.
Compensation and expenses
Maine law permits a gestational carrier agreement to provide for payment of reasonable expenses negotiated in good faith. The exact financial structure should be reviewed against the statute and agreement by Maine counsel.
Do not rely on labels
Maine has a detailed statutory framework, but that does not make every case identical. Residency, eligibility, agreement execution and other facts remain important.