Maine’s Highest Court Rules that District Courts Have Authority to Make Parentage Determinations in Gestational Surrogacy

Maine’s Highest Court Rules that District Courts Have Authority to Make Parentage Determinations in Gestational Surrogacy

Last week, Maine’s Supreme Judicial Court addressed for the first time the issue of parentage in a gestational surrogate birth, finding that the District Courts have authority under existing law to determine who a child’s parents are when the child is conceived through ART and then carried and delivered by another person.

In Nolan v. LaBree, a married woman (Mrs. LaBree) agreed to carry a pregnancy for a married couple (the Nolans) resulting from transfer of an embryo created from the Nolans’ egg and sperm; all parties were in agreement that the Nolans were the parents of the resulting child.

ASRM and SART were signers on an amicus brief, along with Gay and Lesbian Advocates and Defenders and other medical and legal authorities on assisted reproduction.

The court’s decision may be read at http://statecasefiles.justia.com/documents/maine/supreme-court/2012-me-61.pdf?ts=1336158415.