Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Maine may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Maine child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising in Adoptive Placements
Use of Advertisement
Citation: Rev. Stat. Tit. 18-A, § 9-313
Advertising for adoption services or soliciting adoptions is prohibited, except that licensed child-placing agencies may advertise in accordance with rules adopted by the department.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Tit. 18-A, § 9-306(a)
Actual cost of legal services related to consent
Prenatal and postnatal counseling
Prenatal, postnatal, and birthing medical costs for the mother
Transportation to the services that are permitted
Foster care for the child
Reasonable living expenses for the birth mother and the child
Counseling and legal fees for the birth father
Fees to the placing agency
Birth Parent Expenses Not Allowed
Citation: Tit.18-A, § 9-306(c)
Other expenses or payments to the birth parents are not authorized.
Allowable Payments for Relinquishing Child
Citation: Tit.18-A, § 9-306(c)
Payments for allowable expenses may not be contingent upon any future decision a birth parent may make pertaining to the child.
Accounting of Expenses Required by Court
Citation: Tit. 18-A, § 9-306(b)
The petitioner shall file a full accounting of all disbursements made or agreed to be made in connection with the adoption.
The accounting must be signed under penalty of perjury and itemized.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. Tit. 18-A, § 9-302
Written consent to the adoption must be given by:
Each living parent
The person or agency having legal custody or guardianship of the child
A guardian appointed by the court, when the child has no living parent, guardian, or legal custodian who may consent
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. Tit. 18-A, § 9-302
Written consent to the adoption must be given by the adopted person if he or she is age 14 or older.
When Parental Consent is not Needed
Citation: Rev. Stat. Tit. 18-A, § 9-302
Consent to adoption is not required of:
A putative father or a legal father who is not the biological father if he:
Received notice and failed to respond to the notice within the prescribed time period
Waived his right to notice under § 9-201(c)
Failed to meet the standards of § 9-201(i)
Holds no parental rights regarding the child under the laws of the foreign jurisdiction in which the child was born
A parent whose parental rights have been terminated
A parent who has executed a surrender and release pursuant to § 9-202
A parent whose parental rights have been voluntarily or judicially terminated and transferred to a public agency or a duly licensed private agency pursuant to the laws of another State or country
The parent of an adopted person who is age 18 or older
The agency to whom the child has been surrendered and released if that the person's or agency's lack of consent is found to be unreasonable by a judge of probate
When Consent Can Be Executed
Citation: Rev. Stat. Tit. 18-A, §§ 9-202; 9-302
Consent can be executed any time after the child's birth.
A petition for adoption must be pending before consent is executed.
Revocation of Consent
Citation: Rev. Stat. Tit. 18-A, § 9-202
A consent or release will not be valid until 3 days after if has been executed. Except as noted below, a consent or a surrender and release is then final and irrevocable when duly executed.
A consent is final only for the adoption consented to, and, if that adoption petition is withdrawn or dismissed or if the adoption is not finalized within 18 months of the execution of the consent, a review
must be held pursuant to § 9-205.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Tit. 18-A, § 9-201(d)
The putative father may file within 20 days after notice of adoption is given, or within a longer period of time as ordered by the judge.
Please visit adoption law in Maine for more details. |