This Act does not attempt to resolve issues as to control of frozen embryos following dissolution of marital or nonmarital relationships. As indicated in the prefatory note, those matters are left to other state laws.

Maine Comment

Maine's revision provides a mechanism to ensure that the woman bearing a child of assisted reproduction has actual written notice of withdrawal of consent to assisted reproduction before placement of the sperm or embryo.

§1967.__Parental status of deceased individual

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that, if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.

Comment

(This is section 707 of the UPA.)

Source: USCACA (1988) § 4

Absent consent in a record, the death of an individual whose genetic material is subsequently used either in conceiving an embryo or in implanting an already existing embryo into a womb ends the potential legal parenthood of the deceased. This section is designed primarily to avoid the problems of intestate succession which could arise if the posthumous use of a person's genetic material leads to the deceased being determined to be a parent. Of course, an individual who wants to explicitly provide for such children in his or her will may do so.

Maine Comment

This section has replaced "individual" for "spouse" to correct a clerical drafting mistake. The intent of the UPA is to treat a child of unmarried parents equally with a child of married parents.

SUBCHAPTER 8