Maine has a clear, modern surrogacy law that works for a wide range of families.
Is surrogacy legal in Maine?
Yes. Maine allows under the Maine Parentage Act, in effect since 2016. There's no requirement about marital status, sexual orientation, or genetic connection to the baby — married, unmarried, same-sex, and single are all covered.
Can a surrogate be paid?
Yes. Maine's law directly allows the surrogate to be paid reasonable , not just reimbursed for expenses, with no statutory cap.
A few requirements come first:
- The surrogate must be at least 21 and have already given birth to a child of her own
- The surrogate and intended parents each have their own independent lawyer
- Everyone completes a medical and mental health evaluation
How do intended parents become the legal parents?
Maine allows a , and in many counties it's routinely granted. Once it's in place — or automatically, once the agreement meets the law's requirements — the intended parents are the legal parents from birth. No adoption is needed.
A few practical things to know
- Who's covered: no marital-status, sexual-orientation, or genetic-connection requirement for intended parents.
- Recently updated: Maine's law was refined again in 2025, so it's an actively maintained statute.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Maine insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Every situation is a little different, and small details can change what applies to you.
Before signing any , talk to a lawyer who specializes in reproductive law in Maine. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.