Supreme Judicial Court invites amicus briefs on parentage in cases of gestational surrogacy

The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in Nolan v. Labree, Law Court docket number Pen-11- 393, on the following issue:

Whether following a surrogacy arrangement, the District Court has power to declare the parentage of both genetic parents to the exclusion of the gestational carrier and her spouse.

This appeal arises from a declaratory judgment action brought by the genetic parents of a child conceived through in vitro fertilization and carried to term by a gestational carrier. The genetic parents sought the court's declaration that they are the mother and father of the child. Although the court found that the father had established paternity pursuant to 19-A M.R.S. §1553 (2011), it concluded that it lacked authority to declare the genetic mother's maternity. The court did find that the genetic mother was the de facto parent of the child and awarded parental rights and responsibilities to the genetic parents.

An electronic copy of the parties' briefs and the brief of amici curiae—American Society for Reproductive Medicine, American Academy of Assisted Reproductive Technology Attorneys, RSOLVE: The National Infertility Association, American Fertility Association, New England Fertility Society, Reproductive Science Center of New England, Boston IVF, and Society for Assisted Reproductive Technology—are available at no charge from the Clerk of the Law Court upon request sent to

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities, without separate leave of the Court. All amicus briefs must be filed on or before March 23, 2012, and must comply with M.R. App. P. 7(c), 9(e)(1), and 9(f). In addition to filing and serving the required number of copies, amici must send a copy of their briefs electronically, in pdf format, to

Dated: February 29, 2012
Matthew Pollack
Clerk of the Law Court
205 Newbury Street, Room 139
Portland, ME 04101
(207) 822-4146