Maine Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed August 26, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Each state establishes its own regulations for adoption, and these laws can vary significantly. In the state of Maine, adoption laws determine who is eligible to adopt, who can get adopted, and the procedures involved in the adoption process. Maine's laws allow the adoption of children and adults. If you are considering adoption in Maine, you should understand these specific regulations.
This article will discuss Maine adoption laws and how they may affect your adoption journey.
Types of Adoption
One of the ways people adopt is through the state foster care system. To become a foster parent in Maine, you must be able to support yourself adequately and have a stable lifestyle. But renting, living in a mobile home, working outside the home, being a senior, or having a disability does not disqualify you from fostering.
Another option is private adoption, where adoptive parents work directly with birth parents or through adoption agencies to adopt a child. Open adoption allows for ongoing contact between the adoptive family and birth parents, promoting transparency and maintaining relationships.
Others adopt internationally. While your foreign adoption proceeding may get finalized in a foreign country, you can get the international adoption recognized in Maine by filing an adoption petition for $65.
Representation for Biological Parents
Maine requires legal representation during adoptions and termination of parental rights-related hearings. If the biological parent can't afford an attorney, they can request the court to appoint one. But, adoptive parents must provide their own attorneys.
Confidentiality of Adoption Records
Court records are usually available to the public. But since 1953, Maine adoption records have been confidential. Medical or genetic information in the court adoption records must be available to the adopted child when they turn 18 and to their children and adoptive parents or legal guardians. They must petition the court to request the information.
Maine Adoption Laws: At a Glance
The table below lists some of the basics of Maine's adoption laws. Understanding Maine's adoption laws is a crucial first step in the adoption process.
| Code section | Maine Code Revised Title 18A, Article 9: The Adoption Act |
|---|---|
| Who can be adopted? | Any person, child or adult, can be adopted in Maine. |
| Who can adopt? | Married couples jointly or unmarried persons, resident or non-resident, can petition to adopt a child or adult in Maine. |
| Consent for adoption | Any adoptee at least 12 years of age or older must consent to the adoption. However, note any adoptee can be interviewed by the judge overseeing the adoption outside the presence of the prospective adoptive parents to determine their attitude and desires. In addition, any of the adoptee's living parents, the agency having custody of the child, and the guardian appointed for the court if he or she has no living parent or custodian must consent as well. |
| Home residency requirement | At the discretion of the court, one year may of home residency may be required before the finalization of an adoption. |
| State agency | Maine's Department of Human Services Child and Family Services office provides the state licensing of adoption agencies in Maine, takes care of foster care administration, etc. |
| State court | Adoptions are conducted at the local probate court in Maine. |
| Annulment | Adoption decrees can be annulled (voided or canceled) on the petition of two or more people for fraud, duress, or illegal procedures, or if it's shown to be in the best interest of the adopted child within one year and after a notice and hearing. |
Whether you're adopting as a stepparent, another relative, through foster care, or any other way, you may want to speak to an experienced adoption attorney to make the expansion of your family go as smoothly as possible.
Note: State laws change often, contact a lawyer or conduct your own legal research to verify these adoption laws.
Research the Law
Related Resources for Adoption Laws:
State standards and regulations concerning adoption can be complex and are subject to change. You can visit FindLaw's Adoption Laws section to review some of these laws and get a more general overview in our Adoption section.
Get Legal Help With an Adoption
Adoption can be a complicated process. There are many state and federal laws that govern adoption. An attorney will help you navigate these laws. They will help review your case, provide helpful legal advice, and advocate for you and your future child.
If you would like legal assistance with an adoption case, you can find an experienced Maine adoption attorney in your area to schedule a consultation.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.