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An Act To Clarify Financial Responsibility in Gestational Carrier Agreements
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.   AExcept 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.