Maine Adoption Attorneys

Many individuals feel called to adopt children into their families. In Maine, spouses or unmarried persons jointly, or an unmarried person individually, whether a resident or nonresident of the state of Maine, may petition to adopt a person. In addition, the adoptee does not need to be a minor child.

A Family Law & Probate Trial Lawyer will help you file a Petition for Adoption in the Probate Court.

Petition for Adoption

A Petition for Adoption must include the following:

•  The full name, age, and place of residence of the petitioner, and, if married, the place and date of the marriage
• The date and place of birth of the adoptee, if known
• The birth name of the adoptee at the time of the filing of the petition
• A statement of the petitioner’s intention to establish a parent-child relationship between the petitioner and the adoptee
• A statement that the petitioner is a fit and proper person able to care and provide for the adoptee’s welfare
• The names and addresses of all persons or agencies known to the petitioner that affect the custody of, visitation with, or access to the adoptee
• The relationship, if any, of the petitioner to the adoptee
• The names and addresses of the department and the licensed child-placing agency, if any
• The names and addresses of all persons known to the petitioner at the time of filing from whom consent to the adoption is required
• If the petition is for the adoption of a minor child, a statement that the petitioner acknowledges that after the adoption is finalized, the transfer of the long-term care and custody of the adoptee without a court order is prohibited
• What information the petitioner is willing to share with the parents and under what circumstances and shall provide a mechanism for updating that information

Adoption Procedure

After the filing of a Petition for Adoption of a minor child, the Court will request a background check and will direct the Department or a licensed child-placing agency to conduct a study and make a report to the Court. The study must include an investigation of the conditions and antecedents of the child to determine whether the child is a proper subject for adoption and whether the proposed home is suitable for the child. If the petitioner is a relative of the child or the spouse or domestic partner of the child’s parent, the Court may waive the requirement of a study and report. The Court may appoint a Guardian ad Litem at any point in the proceeding.

The Court may interview any adoptee, but it must interview an adoptee that is 12 years old or older to determine the adoptee’s attitudes and desires about the adoption and other relevant issues.

The Best Interest of the Adoptee

The Court will grant a Final Decree of Adoption if it finds, among other things, that the adoption is in the best interest of the adoptee. In determining the best interest of the adoptee, the Court will consider:

• The love, affection, and other emotional ties existing between the adoptee and the adopting person or person
• The capacity and disposition of the adopting person or person to educate and give the adoptee love, affection, and guidance and to meet the needs of the adoptee.
• The capacity and disposition of the adopting person or persons to provide the adoptee with food, clothing, and other material needs, education, permanence, and medical care

An adoption may not be delayed or denied because the adoptive parent and the adoptee do not share the same race, color, or national origin.

We Can Help

Our Family Law & Probate Trial Lawyers will help you navigate the complicated adoption procedure and represent you throughout the adoption process to help you grow your family.