Maine

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.

All parties may be required to attend the hearing (or participate via phone at judge's discretion).


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.

Please send the certified copy of the Order directly to Joe McGrath in advance of the birth, including payment of $60 for the amendment process which includes one certified birth certificate ($6.00 for each additional certified copy).  Please also provide Joe with the name of the delivery hospital.  Joe will contact the hospital and notify them of the upcoming birth.

The birth certificate should be issued within a few days following the birth. 

Vital Records Office

220 Capitol Street

11 SHS

Augusta, ME 04333

207-287-5455

joe.McGrath@maine.gov


Birth Certificates

Timing - Varies by county, but the typical time frame is 1-2 weeks.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by statute, Maine Parentage Act, Chapter 61.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. § 1922 provides a donor is not a parent of a child conceived through assisted reproduction.

 

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Surrogate’s residence, or county where the medical procedures pursuant to the surrogacy agreement are performed.

Do results vary by venue?  No.

Are motions to waive venue accepted?  Typically yes.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  No.


of counsel

Christopher M. Berry

Berry Law P.A.

28 State Street

Gorham, ME 04038

(207) 839-7004

cberry@cjberrylaw.com

http://cjberrylaw.com/