Surrogacy Agencies in Maine
Becoming a Surrogate in Maine: Requirements, Pay and How to Get Started
Becoming a surrogate in Maine gives you the opportunity to help another family experience parenthood while receiving meaningful compensation for your time and commitment. Maine’s surrogacy-friendly laws also provide important legal protections for surrogates and intended parents.
If you’re between 21 and 40, have experienced a healthy pregnancy and meet other medical and lifestyle requirements, you may qualify to become a surrogate. The right agency can help you navigate screening, matching, compensation and each step of your journey.
Connect with a surrogacy professional to explore your eligibility, compare agency programs and find the support you need to get started.
What Are the Requirements to Be a Surrogate in Maine?
To become a surrogate in Maine, you must meet the state’s legal requirements and additional medical and personal qualifications established by surrogacy agencies and fertility clinics.
Maine Legal Requirements
Under the Maine Parentage Act (19-A M.R.S. § 1931), prospective gestational carriers must meet the following requirements:
- Age: Be at least 21 years old.
- Pregnancy History: Have previously given birth to at least one child.
- Medical Evaluation: Complete a medical evaluation that includes a mental health consultation.
- Independent Legal Representation: Have an attorney of your choosing review the agreement, with legal fees paid by the intended parents.
- Genetic Connection: Generally, you cannot use your own eggs in the arrangement, although Maine law provides an exception for certain family-member agreements.
Agency and Clinic Requirements
Surrogacy agencies and fertility clinics establish additional criteria based on American Society for Reproductive Medicine (ASRM) guidelines. Common surrogate requirements include:
- Age Range: Typically between 21 and 40, although some programs accept older candidates.
- Pregnancy History: At least one healthy, full-term pregnancy without significant complications.
- Delivery Limits: Generally, no more than five previous deliveries or three C-sections.
- Body Mass Index (BMI): Commonly between 19 and 35, depending on the clinic.
- Medical Health: No uncontrolled health conditions or pregnancy complications that could make another pregnancy unsafe.
- Lifestyle: No nicotine or recreational drug use and a stable home environment.
- Financial Stability: Reliable housing and sufficient income to meet basic living expenses.
- Background Screening: Willingness to complete criminal background checks and other required screenings.
Eligibility criteria vary by program. If you’re unsure whether you qualify, a surrogacy professional can review your circumstances and help you explore your options.
How to Become a Surrogate in Maine
Becoming a surrogate in Maine involves seven key steps, from confirming your eligibility to delivering the baby. A reputable surrogacy agency can help coordinate each stage while providing guidance and support throughout your journey.
- Step 1: Apply to Become a Surrogate: Complete an initial application with information about your health, pregnancy history and lifestyle. A surrogacy specialist will review your information to determine whether you meet the program’s basic requirements.
- Step 2: Complete Surrogate Screening: Your agency will review your medical and pregnancy history, conduct background checks and arrange a mental health assessment to ensure you’re physically and emotionally prepared for the surrogacy process.
- Step 3: Match with Intended Parents: Review intended parent profiles and choose a family whose expectations and preferences align with yours. Matching is mutual, and you’ll have an opportunity to meet before agreeing to move forward.
- Step 4: Receive Medical Clearance: Complete medical screening at the intended parents’ fertility clinic, which may include bloodwork, infectious disease testing and a uterine evaluation to confirm you’re medically eligible for embryo transfer.
- Step 5: Complete the Gestational Carrier Agreement: Work with your own attorney, paid for by the intended parents, to finalize a contract outlining compensation, covered expenses, medical decisions and each party’s responsibilities. Maine law requires the agreement to be completed before the embryo transfer.
- Step 6: Complete the Embryo Transfer: Follow your fertility clinic’s medication protocol to prepare for the transfer of an embryo created through IVF. The clinic will conduct pregnancy testing afterward to determine whether the transfer was successful.
- Step 7: Continue Through Pregnancy and Delivery: Once released from fertility clinic care, you’ll receive routine prenatal care from your OB-GYN. Your agency can help coordinate compensation payments, communication and delivery planning, while Maine’s legal parentage procedures establish the intended parents’ rights.
Surrogacy Laws in Maine
Gestational surrogacy is legal in Maine under the Maine Parentage Act (19-A M.R.S. §§ 1931–1939). The law establishes requirements for enforceable gestational carrier agreements and protects the rights of surrogates and intended parents. Key legal protections include:
- Compensated Surrogacy Is Permitted: Maine allows gestational carrier agreements that provide for negotiated payment of reasonable expenses. Compensation terms should be clearly established in the agreement.
- Genetic Relationship Restrictions: Surrogates generally cannot contribute their own eggs to the pregnancy, although Maine law provides an exception for certain family-member arrangements.
- Pre-Birth Parentage Orders: Intended parents can seek a court order before delivery to establish parentage and direct how their names appear on the child’s birth certificate. Orders can also be obtained after birth.
- Legal Parentage at Birth: Under a valid gestational carrier agreement, the intended parents automatically become the child’s legal parents at birth. The surrogate and her spouse, if applicable, are not considered legal parents.
- Inclusive Parentage Laws: Maine allows single individuals and couples, regardless of marital status or genetic relationship, to enter qualifying gestational carrier agreements.
Gestational Carrier Agreements in Maine
A gestational carrier agreement is a legally binding contract between the surrogate, the intended parents and their spouses, if applicable. Under Maine law (19-A M.R.S. § 1932), the agreement must be finalized before fertility treatment begins, apart from required medical evaluations.
The agreement establishes each party’s rights and responsibilities while protecting your health, financial interests and legal rights throughout the surrogacy process. Key provisions and requirements include:
- Medical Decision-Making: Maine law protects your right to make decisions about your health and choose your own pregnancy care provider.
- Compensation and Escrow: Your agreement should outline base pay, allowances, eligible expenses and payment schedules, including how escrow funds will be managed.
- Independent Legal Representation: You and the intended parents must have separate legal counsel. Each attorney must provide a written declaration confirming the agreement meets Maine’s requirements.
- Execution and Timing: All required parties must sign the agreement before fertility treatment begins, except for preliminary medical evaluations. Signatures must be notarized or otherwise formally acknowledged as permitted by law.
- Insurance and Medical Expenses: The contract should specify responsibility for insurance premiums, deductibles, copays and uncovered surrogacy-related medical costs.
- Parentage: The agreement must establish the intended parents’ legal responsibilities for the child at birth and confirm that you will not be considered a legal parent.
Surrogacy Attorneys in Maine
Working with an independent attorney experienced in Maine surrogacy law helps ensure your gestational carrier agreement meets state requirements and protects your legal and financial interests. The following attorneys and law firms handle assisted reproduction and surrogacy matters in Maine:
- Oleaga Law LLC (Portland)
- LeBlanc & Young, P.A. (Portland)
- Law Office of Kathleen A. DeLisle (National)
How to Choose a Surrogacy Agency in Maine
The right surrogacy agency should protect your interests, offer competitive compensation and provide reliable support throughout your journey. When comparing agencies in Maine, look beyond advertised pay rates and consider the services and protections each program offers. Key qualities to look for include:
- Competitive, Negotiable Compensation: Clear breakdowns of base pay, allowances and additional payments, with opportunities to discuss compensation before signing your agreement.
- Expense Coverage: Coverage of eligible medical, travel, legal and other surrogacy-related expenses so you’re not left with unexpected costs.
- Independent Legal Representation: The freedom to choose your own attorney, separate from the intended parents’ counsel, with legal fees covered by the intended parents.
- Secure Escrow Management: An independently managed escrow account with clear funding requirements and payment schedules.
- Insurance Review: A thorough review of your health insurance coverage and arrangements for additional coverage if your existing policy excludes surrogacy.
- Intended Parent Screening: Comprehensive screening, including criminal background checks, potentially FBI-based checks, and mental health assessments to help ensure intended parents are prepared for the journey.
- Ongoing Support: Consistent access to a dedicated surrogacy professional, reliable communication and mental health resources throughout pregnancy and delivery.
A reputable agency should be transparent about these protections before you commit, giving you the information you need to compare programs and choose one that prioritizes your well-being.
Questions to Ask a Maine Surrogacy Agency Before You Apply
Before applying, ask these questions to compare agency programs and understand the support and protections you’ll receive:
- What are your typical base and total compensation packages for first-time and experienced surrogates in Maine?
- Which allowances, bonuses and expenses are covered beyond base pay, and when are payments made?
- How and when is the escrow account funded, and who manages payments?
- How do you review my health insurance coverage, and what happens if unexpected medical expenses arise?
- Will I be able to choose my own independent attorney, with legal fees covered by the intended parents?
- How do you screen intended parents, and will I have the final say in choosing my match?
- What happens if an embryo transfer fails or I need to be rematched?
- Will I have a dedicated coordinator and access to emotional support throughout pregnancy and postpartum?
Surrogacy Agencies in Maine
Several national surrogacy agencies work with prospective surrogates in Maine, offering access to intended parent matching, screening, legal coordination and ongoing support. Agencies to consider include:
- American Surrogacy (National)
- ConceiveAbilities (National)
- Family Creations (National)
Before applying, confirm that each agency currently accepts Maine residents and compare its compensation, screening requirements and available support services.
Take the Next Step Toward Becoming a Surrogate in Maine
Becoming a surrogate is a meaningful commitment, and finding the right agency can make a difference in your experience. The right program should offer competitive compensation, strong legal and financial protections and reliable support throughout your journey.
If you’re considering becoming a surrogate in Maine, connect with a surrogacy professional to explore your options, confirm your eligibility and learn how much you could earn.
Ready to get started? Contact a surrogacy agency now to get free information.