An Act To Clarify Financial Responsibility in Gestational Carrier Agreements
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:
Sec. 2. 19-A MRSA §1939 is enacted to read:
§ 1939. Liability for payment of gestational carrier and child's medical expenses
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.