GLAD works alongside many great organizations that strive to support and uplift the LGBTQ+ community. Below you will find links to several organizations that work with transgender folks and their loved ones in Maine in a variety of areas. For further resources and referrals, please reach out to GLAD Answers by filling out our intake form. You can also email us at GLADAnswers@glad.org or leave a voicemail at 800-455-GLAD.
I, John/Jane Inmate, was harassed/threatened/physically attacked because of my sexual orientation by [name(s) of person(s) involved] on [date(s) that the act(s) took place].
When you write a grievance, be sure to include as much information as you can remember. Include in your complaint:
If you reported harassment to any prison official(s) previously, indicate who you told, when, and what they did or did not do about it.
With politicians around the country denying essential medical care to transgender people, it is critical that Maine take steps to protect access to health care and the providers who deliver that care. We thank Rep. Osher for starting this process even though LD 1735 is not moving ahead. We know that Maine people, state leaders and many legislators understand the importance of passing the right bill as quickly as possible. We look forward to working with the legislature to move forward on a bill to support transgender people and their families, protect health care providers from hostile out-of-state laws, and ensure continued access to care for all in Maine.
Réponses GLADLa ligne d'information juridique de GLAD est très fréquentée. Depuis le début de l'année, nous recevons en moyenne 169 appels par mois, contre 130 en 2022. L'équipe de GLAD Answers peut répondre aux questions et accompagner un grand nombre d'appelants grâce à l'aide de 20 bénévoles.
Janvier
Février
Mars
Avril
Peut
Juin
Juillet
Août
Septembre
De janvier à septembre, les appelants ont eu besoin d’assistance dans les domaines suivants :
| Domaines d'intervention | Nombre d'admissions |
| Projet ID | 271 |
| Traitement en prison | 193 |
| Violence/Harcèlement | 122 |
| Soins médicaux/Accès | 86 |
| Emploi | 67 |
| Logement | 57 |
| Immigration/Asile | 53 |
L'équipe, composée de Kayden Hall, coordinatrice de GLAD Answers, et de Gabrielle Hamel, responsable de l'information publique, organise une formation des bénévoles tous les six mois. La dernière formation a eu lieu en septembre, avec six nouveaux bénévoles qui ont rejoint quatorze autres bénévoles dévoués qui nous ont accompagnés l'année précédente. Ces personnes dévouées et bénévoles répondent aux courriels, aux appels téléphoniques et aux demandes d'information en ligne, et fournissent des ressources et des informations aux personnes dans le besoin.
Notre prochaine formation de bénévoles aura lieu au printemps. Vous pouvez vous inscrire maintenant!
Grâce à nos nombreux bénévoles exceptionnels, nous nous efforçons d'élargir notre portée afin que tous ceux que GLAD Answers peut aider connaissent cette ressource gratuite, en particulier les communautés à faibles revenus, noires et métisses, ainsi que les régions situées hors du Grand Boston. Nous vous invitons à partager ces informations. Réponses GLAD avec les membres de votre communauté qui peuvent avoir des questions sur leurs droits légaux ou qui ont besoin d’informations sur la lutte contre la discrimination anti-LGBTQ+.
Cette histoire a été initialement publiée dans la newsletter GLAD Briefs de l'automne 2023, En savoir plus.
La grande majorité des interdictions de livres en vigueur à travers le pays visent spécifiquement à retirer les ouvrages écrits et traitant de personnes LGBTQ, de communautés de couleur et d'autres groupes marginalisés. Les étudiants ont droit à l'égalité des chances en matière d'éducation et bénéficient du droit, garanti par le Premier Amendement, de s'exprimer et de recevoir librement des informations.
Massachusetts
Le 23 janvier 2023, GLAD et l'ACLU du Massachusetts ont envoyé une lettre exhortant les districts scolaires publics du Massachusetts à protéger les droits légaux des élèves en rejetant la censure dans les bibliothèques scolaires. Lire la lettre.
Maine
Le 16 mai 2023, GLAD et l'ACLU du Maine ont envoyé une lettre aux dirigeants des écoles publiques du Maine exigeant qu'ils respectent leurs propres obligations légales et les droits des élèves en vertu du Premier Amendement en mettant fin aux efforts visant à interdire et à censurer les livres. Lire la lettre.
New Hampshire
Le 4 décembre 2023, GLAD et l'ACLU du New Hampshire ont adressé une lettre à Frank Edelblut, commissaire du Département de l'Éducation du New Hampshire (DOE), l'avertissant des préoccupations relatives au Premier Amendement concernant l'insinuation du DOE selon laquelle le district scolaire de Dover devrait envisager d'interdire deux livres, les jugeant « inappropriés au développement ». Dans une lettre ouverte distincte adressée aux directeurs des districts scolaires du New Hampshire, GLAD et l'ACLU du New Hampshire les ont exhortés à prendre position contre la censure et à protéger l'accès des élèves à un environnement égal et sûr en résistant aux appels au retrait des livres des bibliothèques scolaires. Lire les lettres.
Le Projet d'identification transgenre est une ressource gratuite pour les personnes transgenres vivant en Nouvelle-Angleterre qui souhaitent mettre à jour leur nom légal et leur marqueur de genre sur les documents étatiques et fédéraux.
If you need assistance updating your legal name and gender on federal and state documents, visit the Maine page for the Transgender ID Project.
A new law signed by Governor Mills today will allow transgender minors who have reached a minimum age of 16, have a diagnosis of gender dysphoria, and are being harmed or will be from being denied medically necessary health care, to have a medical pathway to receive such care. LD 535 authorizes 16- and 17-year-olds in those circumstances and who meet detailed requirements of counseling and informed consent to receive evidence-based, medically recommended non-surgical care if they are deemed competent to give such consent and their parents refuse to provide the required care.
Broad medical consensus recognizes that puberty-blocking medication and/or cross-hormone therapy is the standard of care for minors in appropriate circumstances. Evidence shows that minors who have been diagnosed with gender dysphoria have better life outcomes and more successful treatment when they receive timely care and are able to go through puberty congruent with their gender identity.
While many transgender minors receive care with the support and involvement of their parents, LD 535 ensures minors capable of informed consent and who have had detailed counseling with a physician and some other health care providers are not denied necessary and timely care.
“Getting real information about transgender people, and the process of acceptance and understanding, can be challenging and complex for families of transgender youth. Pediatricians strive to create a safe environment for parents to better understand and listen to the needs of their children while receiving support, and for adolescents to understand their parents’ concerns as well – but unfortunately parental acceptance isn’t always attained by adolescence,” said Joe Anderson, DO, Advocacy Chair of the American Academy of Pediatrics, Maine Chapter. “Gender dysphoria is a well-recognized medical diagnosis with an established and effective treatment and delaying access to care can have harmful consequences. LD 535 will help ensure that mature transgender minors receive the care they need when they need it, which will lead to better long-term outcomes.”
LD 535 was introduced by Representative Sheehan and cosponsored by Senator Tipping and Representatives Malon, Moonen, Osher, and Rana. It creates a pathway for a limited set of 16 and 17-year-olds with diagnosed gender dysphoria and who are experiencing harm to access care in line with existing avenues under Maine law regarding other kinds of medical treatment such as mental health care and substance use treatment.
“LD 535 will protect the lives of young transgender people who will certainly be harmed by a delay in receiving the medical care recommended by their providers,” said Representative Sheehan. “Parents of trans youth may withhold consent for care for a variety of reasons, including out of a desire to protect their children from possible adverse consequences, yet medical research makes clear that for some youth there are grave risks associated with delaying or denying gender-affirming care. This law assures that transgender young people can be spared harmful long-term consequences of delayed care while allowing the family the opportunity to continue the work of developing mutual understanding and support.”
The legislation received wide support from parents, youth, medical providers, and youth advocates who testified at House and Senate hearings. It passed by significant margins in the House and in the Senate.
“Despite broad medical consensus and well-established standards of care, transgender healthcare remains highly stigmatized, and as a result youth don‘t always get the care they need,” said Quinn Gormley, Executive Director, Maine TransNet. “It is completely understandable that parents may have fears and questions about what their transgender kids are going through, but the fact is that choosing not to act is not neutral – delaying access to care can have serious consequences for transgender young people. LD 535 will ensure that mature minors who have worked through an extensive evaluation with their healthcare team and whose providers recommend that they begin hormones are not denied medically necessary care simply because the care they need is misunderstood and stigmatized.”
LD 535 requires that a minor seeking care be at least 16-years-old and that a health care professional establishes that they meet the following thresholds: the minor has been diagnosed with gender dysphoria; the minor is experiencing or will experience harm if the care is not provided; and the minor is mentally and physically capable to consent and has provided informed written consent.
“A strong relationship with parents is a protective factor for young people, and parents have an important role in loving, supporting and guiding decisions for their children, including healthcare decisions consistent with medical standards of care. But young people who are 16 or 17 and capable of informed consent as determined by a doctor and some other health care professionals and who need care should not suffer needlessly because other people, even the parents they love, do not understand their condition or support their care,” said Mary Bonauto, Senior Director of Civil Rights and Legal Strategies at Défenseurs juridiques et avocats GLBTQ. “Maine has been responsive to the needs of young people by enacting laws to allow them to get needed care, particularly for stigmatized conditions. In that tradition, LD 535 provides specific guidelines to allow transgender young people to access necessary care that will allow them to thrive, while limiting disruption to family relationships.”
“Young people should have access to the health care they need,” said Meagan Sway, Policy Director, ACLU du Maine. “While state law recognizes that health care decisions for minors typically involve the consent of a parent or guardian, it also allows that some forms of life-saving care are so important that minors should be able to receive it, even in the absence of parental support. LD 535 will ensure older transgender teenagers who are 16 and 17 years old can access this life-saving standard of care.”
In general, under federal and Maine state law, nearly all health plans cannot discriminate on the basis of sex, and, because the Supreme Court ruling in Bostock v. Clayton Co. concluded that all gender identity and sexual orientation discrimination is a form of sex discrimination, nearly all health plans cannot discriminate against LGBTQ+ people.
Maine Insurance Code
In 2019, the Maine Insurance Code was amended to include a prohibition of discrimination by any health plans that are regulated by the Maine Bureau of Insurance. The Code provides a list of examples of prohibited discrimination, including but not limited to:
These essentially parallel the federal protections of Section 1557 of the Affordable Care Act (ACA). For more information, see: Title 24-A, §4320-L: Nondiscrimination.
Maine Medicaid (MaineCare)
Also in 2019, MaineCare, Maine’s Medicaid program, began to provide coverage for medically necessary treatment for gender dysphoria, removing an outdated and discriminatory exclusion for transition-related care and adding vital standards of care that reflect current medical practices recognizing the healthcare needs of transgender individuals. These changes bring MaineCare policy into alignment with the professional medical community and into compliance with both state and federal law, including Section 1557 of the Affordable Care Act.
Yes. Medicare and employer health plans that are self-funded (also known as self-insured) are governed by federal law.
Medicare
In 2013, Medicare removed the ban on coverage for treatment of gender dysphoria because it was “experimental” and began to cover medically necessary treatment for gender dysphoria.
Section 1557 of the Affordable Care Act (ACA)
Section 1557 makes it unlawful for any health care provider that receives funding from the Federal government to refuse to treat an individual– or to otherwise discriminate against the individual– based on sex (as well as race, color, national origin, age or disability). Section 1557 imposes similar requirements on health insurance issuers that receive federal financial assistance. Health care providers and insurers are barred, among other things, from excluding or adversely treating an individual on any of these prohibited bases. The Section 1557 final rule applies to recipients of financial assistance from the Department of Health and Human Services (HHS), the Health Insurance Marketplaces and health programs administered by HHS.
Section 1557 generally does not apply to self-funded group health plans under ERISA or short-term limited duration plans because the entities offering the plans are typically not principally engaged in the business of providing health care, nor do they receive federal financial assistance.
In May 2021, the Biden Administration announced that the Health and Human Services Office for Civil Rights (OCR) would interpret and enforce Section 1557 of the ACA and Title IX’s nondiscrimination requirements based on sex to include sexual orientation and gender identity. The update was made in light of the June 2020 U.S. Supreme Court’s decision in Bostock v. Clayton County and subsequent court decisions.
In enforcing Section 1557, OCR will comply with the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq., and all other legal requirements and applicable court orders that have been issued in litigation involving the Section 1557 regulations.
Title VII
For employers with 15 or more employees, Title VII bans discrimination on the basis of race, color, religion, sex and national origin in hiring, firing, compensation, and other terms, conditions or privileges of employment. Employment terms and conditions include employer-sponsored healthcare benefits. Historically, not all authorities have agreed that Title VII protects LGBTQ+ workers against discrimination.
However, the Supreme Court decision in Bostock v. Clayton Co. changes this because that ruling made it clear that sexual orientation and gender identity discrimination are forms of sex discrimination. Although the decision is about wrongful employment termination, it has implications for employer-sponsored health plans and other benefits. For example, employers may want to adjust group health plan coverage of gender dysphoria and related services, including gender-affirmation surgeries and review and compare benefits for same-sex and opposite-sex spouses.
On July 8, 2020, in École Notre-Dame de Guadalupe c. Morrissey-Berru, the United States Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in earlier rulings. In doing so, the Court simultaneously raised an unanswered issue under Title VII: does the ministerial exception for religious employers allow those organizations to discriminate against employees or candidates based on their LGBTQ+ status?
It’s unclear at this point how the Court’s ruling in École Notre-Dame de Guadalupe c. Morrissey-Berru may impact the LGBTQ+ employees of religious employers, but religious organizations and employers should recognize that the ministerial exception does not apply to every position within their organizations. Rather, it is limited to those employees who truly perform religious duties. For example, the position of a school janitor who is only present in the building outside of school hours and is not responsible for transmitting the faith would likely not be considered ministerial in nature.
More and more surgeons who perform gender-affirming surgeries take health insurance. You should research surgeons carefully to find one who is a good fit for you. You can look at the list of in-network providers provided by your plan to see if they are included or if it includes any surgeons in your area, and if not, you can contact the surgeon’s office to determine if they accept your insurance. Most health insurance plans require that you use a medical provider in your network, but if your network does not include a surgeon who performs the services you need, you may be able to go out of network if you seek prior authorization from your plan.
If you are being discriminated against by a health care facility or provider, you can file a discrimination complaint with the Maine Human Rights Commission. See the “Discrimination” Issue Area for detailed information about how to do this.
If you have a health care plan that is regulated by the Maine Bureau of Insurance, you can file a complaint with that agency: File a Complaint/Dispute | PFR Insurance.
If you have a health care plan that is governed by Section 1557 of the ACA, you can file a complaint with the federal Department of Health and Human Services Office of Civil Rights. For more information, see: How to File a Civil Rights Complaint.
If you have a self-funded health care plan through an employer with at least 15 employees, you can file a discrimination complaint with the federal Equal Employment Opportunity Commission (EEOC). For more information, see the “Discrimination” Issue Area.
When you first arrive at a new facility, an officer should conduct an “intake” with you. This is the best time for you to share if you are transgender or intersex. You can also tell the intake officer if you have a history of being “perceived”, or others seeing you as, transgender or intersex, or if you have recently had gender-affirming procedures or any similar care. If you have already had gender-affirming surgery, then you should tell your intake officer immediately. Maine’s policy is that people who have had gender-affirming procedures should be housed in accordance with their gender identity.
Once you tell the intake officer, they are responsible for contacting a person with the role of Chief Administrative Officer or someone who works for them. That intake officer should tell the Chief Administrative Officer if you are transgender or intersex. It is also possible that a defense attorney or prosecutor, a guardian, a department or jail staff member, or another officer of the court has already said that you are transgender or intersex. If someone else has told the facility, then the intake officer is still responsible for telling the Chief Administrative Officer even if you haven’t.
If the Chief Administrative Officer receives information from someone about your case before your first intake, then they might make a decision about your initial strip search and housing placement before you arrive.
If your initial strip search has not been done before your intake, then the Chief Administrative Officer should consider different factors, including your personal preference, about the gender of the officer who will conduct it. That Chief Administrative Officer will document the reasons for choosing a particular officer in your Corrections Information System (CORIS).
The Chief Administrative Officer or someone who works for them will also decide where the best place for your immediate housing is. They will make that decision based on different factors including your risk to safety. They should document all the reasons for their decision in your CORIS file. Your housing assignment might change after they conduct a more in-depth review. In the meantime, your strip searches will be conducted by staff members of the same gender as other people who are in the unit you are assigned to. If the Chief Administrative Officer wants to assign a different person to search you, they will put this in your CORIS file.
You should be given an opportunity to use the bathroom and shower privately until a full assessment takes place.
If you are already on hormonal medications when you enter the facility, you should be able to continue using them. You can continue to use them at least until you have an appointment with the facility’s physician, physician assistant, or nurse practitioner. Your facility has to follow a policy about this called the Adult Facility Policy 18.7: Pharmaceuticals.
The Chief Administrative Officer should notify the facility’s Health Services Administrator as soon as they can about your case. The Health Services Administrator should prioritize your case so that they can make a determination about whether or not you have received a diagnosis of “gender dysphoria”, have received hormonal treatment, have received transgender or intersex-related medical procedures, or any other relevant medical assistance.
In order to do that, the facility will probably ask you for a release of information to get your healthcare documents. If you want to say yes, they will be able to look through those documents and hopefully more quickly decide how to move forward with your case. The Chief Administrative Officer will then decide if you need an evaluation for “gender dysphoria” or an expedited medical health assessment. They may also look for information from Adult Community Corrections to request information about how long they have known you were transgender or intersex.
If there is a safety issue relating to being transgender or intersex, you should let officers at the facility know right away. This could include risks to safety of yourself or of another person. It also includes anything that would require a change from your immediate housing placement that was made by the Chief Administrative Officer when you entered. The facility staff should follow department policy that sets out what to do in a situation like this. That policy is called the Adult Facility Policy 15.1: Administrative Segregation Status.
Maine uses a definition for “Gender Dysphoria” from a book, written by doctors at the American Psychiatric Association, called the Manuel diagnostique et statistique des troubles mentaux [Cinquième édition], ou « DSM-5 ». La définition est :
Une différence entre le genre vécu et exprimé par une personne et le genre qui lui a été assigné, qui existe depuis au moins six mois. Elle doit inclure deux des éléments suivants :
Within 30 days of your report, the Chief Administrative Officer should put together a team to handle your case. People on that team should include your Unit Manager at your facility, the Health Services Administrator, the Department’s Medical Director, the Department’s Mental Health Director, a member of the facility’s security staff, a member of the facility’s classification staff, and the facility Prison Rape Elimination Act (PREA) monitor. There may be one or more other people on the team as well if the Chief Administrative Office thinks they should be. For example, they may contact the Chief Administrative Officer or Department’s Director of Classification at the facility where you could be transferred to.
La loi fédérale sur l'élimination du viol en prison (PREA) a été adoptée en 2003. En vertu de cette loi, plutôt que d'affecter automatiquement les personnes à un établissement, les personnes transgenres et intersexes sont évaluées pour détecter d'éventuelles menaces à leur sécurité et hébergées « au cas par cas » en fonction de leur identité de genre. Le personnel pénitentiaire doit envisager l'affectation des personnes transgenres et intersexes aux différents types de logement et aux programmes au moins deux fois par an afin d'évaluer les menaces à leur sécurité.
According to the law, they also have to take into account your own view of your safety. They are not allowed to separate you for housing or other program placements based solely on your LGBT+ status.
La loi PREA protège également l'isolement involontaire, c'est-à-dire le transfert d'une personne vers un autre logement contre son gré. Vous ne pouvez pas être maintenu dans un autre quartier de la prison contre votre gré, sauf si les autorités pénitentiaires ont déterminé qu'il n'existe aucun autre moyen d'assurer votre sécurité. Si vous êtes placé dans un logement séparé contre votre gré, elles doivent prendre cette décision dans les 24 heures. Une personne ne peut être placée en isolement contre son gré pendant plus de trente jours et doit avoir accès aux mêmes possibilités de travail, d'éducation et de programmes que toute autre personne.
The team will make the following recommendations about your case:
The team should make these recommendations based on information available about your case. That includes things like whether or not you have a diagnosis for “gender dysphoria”, as well as any other relevant medical tests. If you haven’t had an assessment for “gender dysphoria” yet, then the team will decide if you need one. They will also decide if they want to request any other medical assessments.
In making decisions about your recommendations, the team will consider things like:
The Chief Administrative Officer or someone who works for them should make the final decision about the full team’s recommendations for your current facility. They will make decisions about your health care plan and transfer to another facility in conjunction with other people.
That final decision on the recommendations should be used to create a case plan for you. That plan might include an evaluation for “gender dysphoria”, for example. If it does, then you should be brought for an assessment for “gender dysphoria” or any other relevant medical assessment. Within 15 days of that assessment, the Chief Administrative Officer should share the results with your team and finalize its recommendations.
Even after that, the Chief Administrative Officer can also bring your team together periodically or any time appropriate to make further recommendations about your care. Any time that your team meets, as well as all of your recommendations, should be documented in your CORIS file.
Your unit management team is responsible for reassessing your case and housing situation at least every six months, or more frequently if it is necessary. If you experience threats or a change in safety, you should let an officer at your facility know. Your care team should give specific attention to any threats to safety you report.
It can be more difficult to request transfer if you’ve been in a facility for a while, but there is a procedure to do so. The main differences with asking for a transfer after you have already been in a facility are that, until a full review has been completed, you will not be placed in a different housing unit with people of a different gender than where you have been living. You will also not be given the opportunity to shower or use the bathroom privately.
The first step is to let staff at your facility know that you are transgender or intersex. From there, they should contact the Chief Administrative Officer of the facility. The Chief Administrative Officer should reach out to the Health Services Administrator as soon as possible after they receive your report. The process from there looks similar to what would have happened if you had requested the transfer from the beginning.
The Health Services Administrator should prioritize your case so that they can make a determination about whether or not you have received a diagnosis of “gender dysphoria”, have received hormonal treatment, have received transgender or intersex-related medical procedures, or any other relevant medical assistance.
In order to do that, the facility will need you to sign a “Release of Information” to get your healthcare documents. If you want to say yes, they will be able to look through those documents and hopefully more quickly decide how to move forward with your case. The Chief Administrative Officer will then decide if you need an evaluation for “gender dysphoria” or an expedited medical health assessment.
The Chief Administrative Officer will also ask staff at your facility and staff from other departments about whether they knew you were transgender or intersex or had perceived you to be before you made your own disclosure. They may reach out to the adult community corrections as well.
There are options if you don’t think that the Chief Administrative Officer or the team made the right decision about your custody level or if they did not approve a transfer. You can “appeal” this decision through the Classification Appeal Process. You can ask an officer for a copy of the Prisoner Appeal of Classification Decision form. Here is a link to Procedure J of the Classification System, which also describes the process.
To make an appeal, you have to submit the Prisoner Appeal of Classification Decision form within five business days of receiving your decision—this does not count weekend days or holidays. You should submit this form to the Department’s Director of Classification for custody level or facility transfer decisions, specifically. You should submit this form to the facility Chief Administrative Officer for all other classification issues.
Appealing the decision itself will not stop it from taking place, so you will have to remain housed in your current facility during the appeals process. Whoever you submitted your appeal to, such as the Department’s Director of Classification or the facility Chief Administrative Officer, should give you a decision about your appeal within 30 days. They can choose to approve the decision, reverse the decision, modify the decision, or “remand” the decision to the Unit Management Team (UMT) for further consideration. “Remanding” the decision means that the UMT will take over and decide what to do.
It is important to remember that the Department’s Director of Classification is the final authority for appeals about custody level or facility transfer. For all other appeals, the facility Chief Administrative Officer is the final authority.
If you want to appeal a decision made about your case that has to do with something besides custody and transfer, you can use the regular “grievance process” at your facility by filing a grievance.
All appeals will be put into your CORIS file. You can also find more information about Maine State Prison policies in this Handbook.
The Maine Parentage Act (MPA) is a set of state laws that was passed in 2016 and strengthened in 2021. It clarified and expanded the ways someone can legally establish that they are the parents of a child. The MPA addresses who is able to, and how to, establish legal parentage. See: Title 19-A, §1851: Establishment of parentage.
Specifically, the MPA ensures greater protections and equal treatment for children of LGBTQ+ parents. The law allows many LGBTQ+ parents to establish parentage through a simple form, an Acknowledgement of Parentage (AOP), ensuring LGBTQ+ parents are able to establish their legal relationship to their child immediately at birth or any time before the child turns 18.
The MPA also extends an accessible path to parentage for children born through assisted reproduction and for children born through surrogacy.
La « filiation » signifie que vous êtes le parent légal d'un enfant à tous égards. La filiation s'accompagne de nombreux droits (par exemple, la prise de décisions concernant les soins médicaux ou l'éducation, le temps parental en cas de séparation de l'autre parent) ainsi que de responsabilités (par exemple, fournir une assurance maladie, subvenir aux besoins essentiels, verser une pension alimentaire). Une relation juridique solide entre un parent et son enfant est essentielle à sa stabilité et à son bien-être à long terme.
Établir la filiation dès la naissance garantit la sécurité de l'enfant et la stabilité de ses parents à tous égards et apporte une plus grande clarté à tous les acteurs de sa vie. Par exemple, l'établissement de la filiation permettra à un parent de prendre les premières décisions médicales concernant son enfant, de garantir qu'il bénéficiera de prestations d'assurance ou de droits successoraux, et de protéger ses droits parentaux en cas de séparation.
The MPA provides that Mainers can establish their parentage in the following ways:
Also, the Court may accept an admission of parentage that is made under penalty of perjury, or the Court may assign parentage to a party in default as long as the party was properly served notice of the proceeding (see 19-A MRS §1841 et §1842).
Un parent d'intention est une personne qui consent à la procréation assistée avec l'intention d'être parent de l'enfant, ou qui est parent d'intention en vertu d'un accord de gestation pour autrui. Idéalement, une personne qui consent à la procréation assistée avec l'intention d'être parent consignera cette intention par écrit, mais la loi prévoit d'autres moyens de prouver son intention d'être parent.
A presumed parent is a non-birth parent that the law recognizes because of certain circumstances or relationships. A presumed parent is established as a legal parent through the execution of a valid Acknowledgement of Parentage, by an adjudication, or as otherwise provided in the MPA.
Vous êtes un parent présumé si l’une des situations ci-dessous est vraie :
A de facto parent is a parent based on their relationship with the child. Establishing de facto parentage requires a judgment from a court. You can petition a court to establish your de facto parentage by demonstrating, with clear and convincing evidence that you have fully and completely undertaken a permanent, unequivocal, committed and responsible parental role in the child’s life. To make that finding a court must determine all of the following:
Federal law requires states to provide a simple civil process for acknowledging parentage upon the birth of a child. That simple civil process is the Acknowledgement of Parentage program.
Federal regulations require states to provide an Acknowledgement of Parentage program at hospitals and state birth record agencies. Acknowledgement of Parentage forms themselves are short affidavits in which the person signing affirms that they wish to be established as a legal parent with all of the rights and responsibilities of parentage. The person who gave birth to the child must also sign the form, and both parents have to provide some demographic information about themselves.
By signing an Acknowledgement of Parentage, a person is established as a legal parent, and the child’s birth certificate is issued or amended to reflect that legal parentage. Properly executed, an Acknowledgement of Parentage has the binding force of a court order and should be treated as valid in all states.
You can voluntarily acknowledge the parentage of a child by signing a form from the Maine Department of Health and Human Services known as an Acknowledgement of Parentage (AOP). An Acknowledgement of Parentage must be signed by the birth parent and the other parent (i.e., the person establishing parentage through the Acknowledgement of Parentage). The other parent can be the genetic parent (except for sperm or egg donors), an intended parent of a child born through assisted reproduction or a gestational carrier agreement, or a presumed parent (see definition of presumed parent above).
Signing an Acknowledgement of Parentage form is voluntary, and it can be done at the hospital soon after birth or until the child turns 18 by contacting the Maine Department of Health and Human Services. Here is a sample of the form, VS-27-A: Acknowledgement OF PARENTAGE (AOP).
An Acknowledgement of Parentage form must be notarized. To be valid, the people signing the form must be given oral and written notice explaining the legal consequences, rights, and responsibilities that arise from signing an Acknowledgement of Parentage. If either the birth parent or the non-birth parent does not want to sign this form to establish parentage for the non-birth parent, then either of them can try to have a court determine parentage.
If you have any questions about whether to sign an Acknowledgement of Parentage form, you should consult with a lawyer before signing. An Acknowledgement of Parentage is the equivalent of a court judgment of parentage, and parentage is a considerable, life-long responsibility.
Acknowledgements of Parentage can be signed after the birth of a child, up until the child’s 18th birthday. An Acknowledgement of Parentage can also be completed before the child’s birth but will not take effect until the child is born.
If you aren’t married, and you signed an Acknowledgement Parentage, you have sixty days to go to court and rescind, or take back, that acknowledgement. If it has been more than 60 days since you filed the acknowledgement, but less than two years, you can still go to court to challenge the acknowledgement if:
These same rules apply if you believe you are the parent, but someone else has acknowledged that they are the parent of the child.
You can’t challenge an acknowledgement after the child is two years old.
You will need to prove to the court that the person who acknowledged paternity is NOT the parent.
If you believe you are the parent of a child, but you had no way of knowing it when the child was born, you can challenge an acknowledgement of parentage. You have two years from the time you found out you might be the parent to challenge an Acknowledgement. This is the only situation where someone can challenge an Acknowledgement of Parentage that is more than two years old.
The MPA has many provisions that protect non-biological parents. If you are your child’s presumed parent, or if you are the intended parent of a child born through assisted reproduction or a gestational carrier agreement or have a genetic connection (except for sperm or egg donors), you can establish parentage by signing an Acknowledgement of Parentage.
Some non-biological parents can establish parentage through the MPA’s de facto parent provisions, which require a court to adjudicate the person to be the child’s de facto parent.
The MPA provides important clarity and protections for children born through assisted reproduction (i.e., you did not have sexual intercourse or use a gestational carrier to conceive). The MPA confirms that a gamete donor (e.g., sperm or egg donor) is not a parent of a child conceived through assisted reproduction. Also, the MPA affirms that a person who consents to assisted reproduction with the intent to be a parent of the resulting child is a legal parent and can establish that parentage by signing an Acknowledgement of Parentage.
Yes, Governor Janet Mills signed LD 1539, An Act to Provide Access to Fertility Care, on May 2, 2022, and the law applies to private health plans which are regulated by the Maine Bureau of Insurance that are issued or renewed on or after January 1, 2023. This includes employers who offer insured health plans. Some employers have self-insured plans, and these are not regulated by the Maine Bureau of Insurance.
The law requires all carriers who offer health plans in Maine to provide coverage for medical interventions including fertility diagnostic care, fertility treatment, and medically necessary fertility preservation.
A joint adoption is when both partners adopt a child together at the same time. A second-parent or co-parent adoption is when one partner adopts the other partner’s child. A single-parent adoption is when a single individual adopts a child. All three of these are legal in Maine.
Non. Un parent ayant signé une reconnaissance de filiation n'a pas besoin de recourir à une seconde adoption pour établir sa filiation. Une reconnaissance de filiation établit la filiation légale en vertu du droit de l'État, équivaut à un jugement de filiation et confère tous les droits et devoirs d'un parent. En vertu du droit fédéral, une reconnaissance de filiation équivaut à un jugement de filiation et est reconnue dans tous les États.
L'accès élargi aux reconnaissances de filiation étant une nouveauté, certains parents pourraient se sentir plus à l'aise de recourir à une adoption par un second parent, en complément ou à la place d'une reconnaissance de filiation. Pour comprendre ce qui est le mieux pour votre famille, un conseil juridique personnalisé est recommandé.
The MPA has comprehensive provisions about how to establish parentage through gestational carrier agreements. Before starting any medical procedures to conceive a child through a carrier process, you must have a written and signed agreement that meets all of the requirements of the statute. This agreement is between you, any other intended parents, the person acting as the surrogate, and that person’s spouse (if applicable). This agreement will establish that you are the parent(s) of the child and that the surrogate and their spouse (if applicable) do not have parental rights or duties
Pour conclure un accord de maternité de substitution, tous les éléments suivants doivent être vrais :
La loi exige que les accords de maternité de substitution intègrent plusieurs conditions pour être valides, comme permettre à une personne agissant en tant que mère porteuse de prendre ses propres décisions en matière de santé et de bien-être pendant la grossesse et exiger que le ou les futurs parents paient tous les frais de santé connexes.
Yes. If a carrier is a family member, they can serve as a gestational carrier using their own gametes or genetic material. Someone who is not a family member cannot be a genetic gestational carrier. Otherwise, the same laws, including the need for a valid agreement, apply to genetic and non-genetic carriers.
The MPA explicitly provides that every child has the same rights as any other child without regard to the marital status of the parents, or the circumstances of the child’s birth. By not differentiating between parents based on their marital status, the MPA aims to treat all Maine families equally.
The MPA explicitly provides that every child has the same rights as any other child without regard to the gender of the parents or the circumstances of the child’s birth. The MPA, by not including gendered terms such as mother or father, is inclusive of all genders. By not differentiating between parents based on their gender, the MPA aims to treat all Maine families equally.
Yes. Under the MPA, a court may determine that a child has more than two legal parents if the failure to do so would be detrimental to the child. To determine detriment to the child, courts will consider factors such as the nature of the potential parent’s relationship with the child, the harm to the child if the parental relationship is not recognized, the basis for each person’s claim of parentage of the child, and other equitable factors.
As with any family law issue, individualized legal advice is recommended. GLAD Answers can provide information as well as referrals to local practitioners. If you have questions about how to protect your family, contact GLAD Answers by filling out the form at Réponses GLAD or call 800.455.4523 (GLAD).
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