An Act To Clarify Financial Responsibility in Gestational Carrier Agreements
Maine Legislature, Session 127, LD 1532
Committee: Judiciary
Sponsors: ROSEN, BURNS, KATZ
Amends: 19-A MRSA §1932, 19-A MRSA §1939

Legislative Document 
No. 1532 
S.P. 594 
In Senate, January 6, 2016 
An Act To Clarify Financial Responsibility in Gestational Carrier 
Agreements 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator ROSEN of Hancock. 
Cosponsored by Senators: BURNS of Washington, KATZ of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §1932, sub-§4, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is amended to read: 
4.  Reasonable expenses.  A Except as provided in section 1939, a gestational carrier 
agreement may provide for payment of reasonable expenses, which, if paid to a 
prospective gestational carrier, must be negotiated in good faith between the parties. 
Sec. 2.  19-A MRSA §1939 is enacted to read: 
§1939.  Liability for payment of gestational carrier and child's medical expenses 
1.  Joint and several liability for medical expenses.  The gestational carrier and 
each intended parent are jointly and severally liable for the medical expenses of the 
gestational carrier and, notwithstanding section 1932, subsection 3, paragraph J, 
subparagraph (4), division (b) and section 1933, of the resulting child.  As used in this 
section, "medical expenses" means all medical care provided for assisted reproduction, 
prenatal care, labor and delivery and 60 days of postpartum medical care related to the 
pregnancy and the health of the resulting child. 
2.  Effect of conflicting terms or breach of agreement.  If a term of a gestational 
carrier agreement is in conflict with the requirements of subsection 1, that term of the 
gestational carrier agreement is void and unenforceable.  The breach of a gestational 
carrier agreement by a party to the agreement does not relieve the gestational carrier or an 
intended parent from the liability for medical expenses imposed pursuant to subsection 1. 
3.  Effect on insurance coverage.  This section is not intended to supplant any 
insurance coverage that is otherwise available to the gestational carrier or an intended 
parent for the coverage of medical expenses. 
SUMMARY 
Under the Maine Parentage Act, immediately upon the birth of a child that is the 
result of a gestational carrier agreement, all parental rights and responsibilities vest 
exclusively in the intended parent or parents. 
This bill specifies that medical costs of the gestational carrier and the child, including 
the costs related to assisted reproduction and the pregnancy, including labor and delivery, 
and postpartum pregnancy-related medical care for 60 days following the birth, are 
jointly and severally the responsibility of the gestational carrier and each intended parent.  
The bill prohibits the waiver of this responsibility and specifies that a breach of the 
gestational carrier agreement does not change the status of the responsibility.  Finally, 
this bill specifies that these provisions are not intended to relieve insurance carriers of 
their obligation to provide coverage for their insureds.