Adopting a Child in Maine

Married spouses jointly, unmarried persons jointly, or an unmarried person, whether or not a Maine resident, may petition the Probate Court to adopt. The filing fee is $65 plus the state and FBI criminal history check fees for each prospective parent who is not already a parent of the child. Written consent is required from the adoptee if 12 or older, each living parent (unless rights were terminated or surrendered, among other exceptions), and any person or agency with legal custody. For a minor, the court orders a background check and a study and report by the Department of Health and Human Services or a licensed agency (due within 60 days), and it may require the child to live in the home for one year before the adoption is granted.

Maine has no separate stepparent procedure, but the court may waive the home study and report when the petitioner is a relative of the child or the spouse or domestic partner of the child's parent. Background checks are required only for a prospective adoptive parent who is not already the child's parent. Consent of each living parent is still required unless an exception applies (for example, parental rights were terminated or the parent signed a surrender and release), and a child 12 or older must consent.