To discourage forum shopping, subsection (b)(1) requires that the petition may be filed only in a state in which the intended parents or the gestational mother have been residents for at least ninety days.

Maine Comment

Exclusive jurisdiction over gestational agreements is given to the District Courts.

§1973.__Hearing to validate gestational agreement

1.__Order.__If the requirements of subsection 2 are satisfied, a court may issue an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born during the term of the agreement.

2.__Requirements.__The court may issue an order under subsection 1 only on finding that:

A.__The residence requirements of section 1972 have been satisfied and the parties have submitted to the jurisdiction of the court under the jurisdictional standards of this chapter;

B.__All parties have voluntarily entered into the agreement and understand its terms;

C.__Adequate provision has been made for all reasonable health care expense associated with the gestational agreement until the birth of the child, including responsibility for those expenses if the agreement is terminated; and

D.__The consideration, if any, paid to the prospective gestational mother is stated.

Comment