Gestational surrogacy contracts are enforceable in court. Genetic surrogacy contracts may be enforceable but only in the case where at least one intended parent and the surrogate are family members.

The laws of Maine also allow for compensation beyond the amounts of reimbursement for expenses incurred.

All intended parents regardless of their marital status may enter into a gestational surrogacy contract which is enforceable by law.

Maine state law also defines certain rights of the surrogate:

• An individual acting as a surrogate must retain independent legal counsel of her choosing. The intended parents are responsible for payment.


• Intended parents must bear the cost of healthcare that is not covered by insurance.


• Both parties, the surrogate and the intended parents must undergo medical and mental health consultations.


• The surrogate has the right “to use the services of a health care provider of her choosing to safeguard her health.”


• At least one of the parties must be a legal resident of the state of Maine.