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


Yes; however, as of June 2018, Orders must be domesticated.  If the executed Gestational Carrier Agreement and Attorney Declaration certifying the Agreement complies with Maine law, then Vital Records will issue the birth certificate with the Intended Parents' names on it regardless if an Order is provided. 

If a birth certificate listing the Gestational Carrier's name and an Intended Parent's name is required, then the parties can sign an acknowledgment of paternity (and denial of paternity by the Gestational Carrier's husband (if applicable)) which will allow for this type of birth certificate to be issued.

Once domesticated, please send the certified copy of the Order directly to Joe McGrath in advance of the birth, including payment of $15 for a certified birth certificate ($6.00 for each additional certified copy).  

If the Order is not obtained prior to birth, then an additional $60 for the amendment process will need to be paid. The $60 would include 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


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 if an acknowledgment of paternity is executed (see above).  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.



County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Carrier’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? 

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


Kathleen A. DeLisle

Nichols, DeLisle & Lightholder P.C.

14 Main Street, PO Box 294

Southborough, MA 01772

(508) 356-5185