Maine Adoption & Custody Laws

• The adoption process involves many significant legal considerations. Mimi Haddon/Lifesize/Getty Images

  Adopting a child is a significant decision with obvious impacts on the family structure of the adoptive parents, the adopted child and the biological parents. Because of the significance of the adoption process, there is a body of law that has developed in various states to regulate adoption. When considering adoption in the state of Maine, the legal issues that must be considered include consent to adoption, parties to adoption and the rights of putative fathers. Understanding these laws before adoption decisions are made is a wise choice, as it may avoid financially and emotionally draining consequences down the road.

Access to Adoptive Records

• In Maine, there are several categories of individuals who are allowed access to adoptive records. These include the adoptive parent or guardian of an adoptee who is either under the age of 18, is deceased or is incapacitated; a biological parent; a biological sibling or half-sibling aged 18 or older; the legal guarding of a biological sibling or half-sibling under the age of 18; and, if a biological parent is deceased, that parent's birth mother, legal father, grandparent, sibling, half-sibling, aunt, uncle or first cousin. Medical or genetic information may be obtained by the adopted individual upon that individual's 18th birthday. Additionally, the adoptive parents or legal guardians may petition a court for access to these records.

Consent to Adoption

• A written consent of adoption is required from each living parent and the individual or agency having legal custody or guardianship of the child to be adopted. If the child has no living parent, guardian or legal custodian, a guardian appointed by the court may consent to the child's adoption.

Parties to Adoption

• In Maine, a husband and wife or an unmarried person may adopt. This person or persons need not be residents of the state. Additionally, any person may be adopted, regardless of their age. A child may be placed for adoption by their parent or parents or the person or agency with legal custody or guardianship over them.

Putative Fathers

• When a child is born out of wedlock and the mother wishes to place the child for adoption, the father has certain rights. If the father has not consented to the adoption nor waived his rights to notice, the mother must allow a court to notify the father, after which time the father has 20 days to petition the court for parental rights.