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USA Statutes : maine
Title : Title 18-A. PROBATE CODE
Chapter : Article IX. Adoption (HEADING. PL 1995, c. 694, Pt. C, @7 (new))
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Title 18-A - §9-101. Short title
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-101. Short title
This article may be known and cited as "The Adoption Act."
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-102. Definitions
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-102. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(a) "Adoptee" means a person who will be or who has been adopted, regardless of whether the person is a child or an adult.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) "Adoption services" means services related to adoptions, including but not limited to adoptive home studies, search services
and adoption counseling services.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) "Adult" means a person who is 18 years of age or older.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) "Child" means a person who is under 18 years of age.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) "Consent," used as a noun, means a voluntary agreement to an adoption by a specific petitioner that is executed by a parent
or custodian of the adoptee.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(f) "Department" means the Department of Health and Human Services.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff); 2003, c. 689, Pt. B, §6 (rev).]
(g) "Licensed child-placing agency" means an agency, person, group of persons, organization, association or society licensed
to operate in this State pursuant to Title 22, chapter 1671.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(h) "Parent" means the legal parent or the legal guardian when no legal parent exists.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(i) "Petitioner" means a person filing a petition to adopt an adult or child, and includes both petitioners under a joint petition,
except as otherwise provided.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(j) "Putative father" means a man who is the alleged biological father of a child but whose paternity has not been legally established.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(k) "Surrender and release," used as a noun, means a voluntary relinquishment of all parental rights to a child to the department
or a licensed child-placing agency for the purpose of placement for adoption.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-103. Jurisdiction
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-103. Jurisdiction
(a) The Probate Court has exclusive jurisdiction over the following:
(1) Petitions for adoption;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Consents and reviews of withholdings of consent by persons other than a parent;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) Surrenders and releases;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) Termination of parental rights proceedings brought pursuant to section 9-204;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) Proceedings to determine the rights of putative fathers of children whose adoptions or surrenders and releases are pending
before the Probate Court; and
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(6) Reviews conducted pursuant to section 9-205.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) The District Court has jurisdiction to conduct hearings pursuant to section 9-205.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-104. Venue; transfer
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-104. Venue; transfer
(a) If the adoptee is placed by a licensed child-placing agency or the department, the petition for adoption must be filed in
the court in the county where:
(1) The petitioner resides;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The adoptee resides or was born; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) An office of the agency that placed the adoptee for adoption is located.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) If the adoptee is not placed by a licensed child-placing agency or the department, the petition for adoption must be filed
in the county where the adoptee resides or where the petitioners reside.
[1997, c. 239, §1 (amd); §6 (aff).]
(c) If, in the interests of justice or for the convenience of the parties, the court finds that the matter should be heard in
another probate court, the court may transfer, stay or dismiss the proceeding, subject to any further conditions imposed by
the court.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 239,
§1
(AMD).
PL 1997,
Ch. 239,
§6
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-105. Rights of adopted persons
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-105. Rights of adopted persons
Except as otherwise provided by law, an adopted person has all the same rights, including inheritance rights, that a child
born to the adoptive parents would have. An adoptee also retains the right to inherit from the adoptee's biological parents
if the adoption decree so provides, as specified in section 2-109, subsection (1).
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-106. Legal representation
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-106. Legal representation
(a) The biological parents are entitled to an attorney for any hearing held pursuant to this article. If the biological mother
or the biological or putative father wants an attorney but is unable to afford one, the biological mother or the biological
or putative father may request the court to appoint an attorney. If the court finds either or both of them indigent, the
court shall appoint and pay the reasonable costs and expenses of the attorney of the indigent party. The attorney may not
be the attorney for the adoptive parents.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) When the adoptee is unrelated to the petitioner, the court shall appoint an attorney who is not the attorney for the adoptive
parents to represent a minor indigent biological parent at every stage of the proceedings unless the minor biological parent
refuses representation or the court determines that representation is unnecessary.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-107. Indian Child Welfare Act
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-107. Indian Child Welfare Act
The Indian Child Welfare Act, United States Code, Title 25, Section 1901 et seq. governs all proceedings under this article
that pertain to an Indian child as defined in that Act.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-108. Application of prior laws
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-108. Application of prior laws
The laws in effect on July 31, 1994 apply to proceedings for which any of the following occurred before August 1, 1994:
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(a) The filing of a consent;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) The filing of a surrender and release;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) The filing of a waiver of notice by a father or putative father under former Title 19, section 532-C;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) The issuance of an order terminating parental rights; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) The filing of an adoption petition.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-201. Establishment of paternity
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 2: ESTABLISHMENT OF PATERNAL RIGHTS AND TERMINATION OF PARENTAL RIGHTS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-201. Establishment of paternity
(a) When the biological mother of a child born out of wedlock wishes to consent to the adoption of the child or to execute a
surrender and release for the purpose of adoption of the child and the putative father has not consented to the adoption of
the child or joined in a surrender and release for the purpose of adoption of the child or waived his right to notice, the
biological mother must file an affidavit of paternity with the judge of probate so that the judge may determine how to give
notice of the proceedings to the putative father of the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) If the judge finds from the affidavit of the biological mother that the putative father's whereabouts are known, the judge
shall order that notice of the mother's intent to consent to adoption or to execute a surrender and release, or the mother's
actual consent or surrender and release, for the purpose of adoption of the child, be served upon the putative father of the
child. If the judge finds that the putative father's whereabouts are unknown, then the court shall order notice by publication
in accordance with the Maine Rules of Probate Procedure. If the biological mother does not know or refuses to tell the court
who the biological father is, the court may order publication in accordance with the Maine Rules of Probate Procedure in a
newspaper of general circulation in the area where the petition is filed, where the biological mother became pregnant or where
the putative father is most likely to be located. The notice must specify the names of the biological mother and the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) A putative father or a legal father who is not the biological father may waive his right to notice in a document acknowledged
before a notary public or a judge of probate. The notary public may not be an attorney who represents either the mother or
any person who is likely to become the legal guardian, custodian or parent of the child.
(1) The waiver of notice must indicate that the putative father or legal father understands that the waiver of notice operates
as a consent to adoption or a surrender and release for the purposes of adoption for any adoption of the child, and that
by signing the waiver of notice the putative father or legal father voluntarily gives up any rights to the named child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The waiver of notice may state that the putative father or legal father neither admits nor denies paternity.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) The legal father shall attach to the waiver of notice an affidavit stating that, although he is the legal father, he is
not the biological father.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) If, after notice, the putative father of the child wishes to establish parental rights to the child, he must, within 20
days after notice has been given or within a longer period of time as ordered by the judge, petition the judge of probate
to grant to him parental rights. The petition must include an allegation that the putative father is in fact the biological
father of the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) Upon receipt of a petition under subsection (d), the judge shall fix a date for a hearing to determine the putative father's
parental rights to the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(f) The court shall appoint an attorney who is not the attorney for the putative father, the biological mother or the potential
transferee agency or a potential adoptive parent to represent the child and to protect the child's interests.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(g) Notice of the hearing must be given to the putative father, the biological mother, the attorney for the child and any other
parties the judge determines appropriate. Notice need not be given to a putative father or a legal father who is not the
biological father and who has waived his right to notice as provided in subsection (c).
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(h) Upon order of the court, the department or licensed child-placing agency shall furnish studies and reports relevant to the
proceedings.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(i) If, after a hearing, the judge finds that the putative father is the biological father, that he is willing and able to protect
the child from jeopardy and has not abandoned the child, that he is willing and able to take responsibility for the child
and that it is in the best interests of the child, then the judge shall declare the putative father the child's parent with
all the attendant rights and responsibilities.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(j) If the judge of probate finds that the putative father of the child has not petitioned or appeared within the period required
by this section or has not met the requirements of subsection (i), the judge shall rule that the putative father has no parental
rights and that only the biological mother of the child need consent to adoption or a surrender and release.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-202. Surrender and release; consent
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 2: ESTABLISHMENT OF PATERNAL RIGHTS AND TERMINATION OF PARENTAL RIGHTS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-202. Surrender and release; consent
(a) With the approval of the judge of probate of any county within the State and after a determination by the judge that a surrender
and release or a consent is in the best interest of the child, the parents or surviving parent of a child may at any time
after the child's birth:
(1) Surrender and release all parental rights to the child and the custody and control of the child to a licensed child-placing
agency or the department to enable the licensed child-placing agency or the department to have the child adopted by a suitable
person; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Consent to have the child adopted by a specified petitioner.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
The parents or the surviving parent must execute the surrender and release or the consent in the presence of the judge. The
adoptee, if 14 years of age or older, must execute the consent in the presence of the judge. The waiver of notice by the
legal father who is not the biological father or putative father is governed by section 9-201, subsection (c).
[1997, c. 239, §2 (amd); §6 (aff).]
(b) The court may approve a consent or a surrender and release only if the following conditions are met.
(1) A licensed child-placing agency or the department certifies to the court that counseling was provided or was offered and
refused. This requirement does not apply if:
(i) One of the petitioners is a blood relative; or
(ii) The adoptee is an adult.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The court has explained the individual's parental rights and responsibilities, the effects of the consent or the surrender
and release, that in all but specific situations the individual has the right to revoke the consent or surrender and release
within 3 days and the existence of the adoption registry and the services available under Title 22, section 2706-A. The individual
does not have the right to revoke the consent when the individual is a consenting party and also a petitioner.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) The court determines that the consent or the surrender and release has been duly executed and was given freely after the
parent was informed of the parent's rights.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) Except when a consenting party is also a petitioner, at least 3 days have elapsed since the parents or parent executed the
surrender and release or the consent and the parents or parent did not withdraw or revoke the consent or surrender and release
before the judge or, if the judge was not available, before the register.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) The original consent or surrender and release must be filed in the Probate Court where the consent or the surrender and
release is executed. An attested copy of the consent or surrender and release must be filed in the Probate Court in which
the petition is filed. The court in which the consent or the surrender and release is executed shall provide an attested
copy to each consenting or surrendering party and an attested copy to the transferring agency. The copy given to the consenting
or surrendering party must contain a statement explaining the importance of keeping the court informed of a current name and
address.
[1997, c. 239, §3 (amd); §6 (aff).]
(d) A consent or a surrender and release is not valid until 3 days after it has been executed, except that consent by a parent
petitioning to adopt that parent's own child with that parent's spouse is valid upon signature.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) Consent may be acknowledged before a notary public who is not an attorney for the adopting parents or a partner, associate
or employee of an attorney for the adopting parents when consent is given by:
(1) The department or a licensed child-placing agency; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) A public agency or a duly licensed private agency to which parental rights have been transferred under the law of another
state or country.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(f) Except as provided in subsection (g) and section 9-205, subsection (b), a consent or a surrender and release is final and
irrevocable when duly executed.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(g) 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 section 9-205.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(h) The court shall accept a consent or a surrender and release by a court of comparable jurisdiction in another state if the
court receives an affidavit from a member of that state's bar or a certificate from that court of comparable jurisdiction
stating that:
(1) The party executing the consent or the surrender and release followed the procedure required to make a consent or a surrender
and release valid in the state in which it was executed; and
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The court of comparable jurisdiction advised the person executing the consent or the surrender and release of the consequences
of the consent or the surrender and release under the laws of the state in which the consent or the surrender and release
was executed.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
The court shall accept a waiver of notice by a putative father or a legal father who is not the biological father that meets
the requirements of section 9-201, subsection (c).
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 239,
§2,3
(AMD).
PL 1997,
Ch. 239,
§6
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-203. Duties and responsibilities subsequent to surrender and release
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 2: ESTABLISHMENT OF PATERNAL RIGHTS AND TERMINATION OF PARENTAL RIGHTS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-203. Duties and responsibilities subsequent to surrender and release
Without notice to the parent or parents, the surrender and release authorized pursuant to section 9-202 may be transferred
together with all rights under section 9-202 from the transferee agency to the department or from the department as original
transferee to any licensed child-placing agency. If the licensed child-placing agency or the department is unable to find
a suitable adoptive home for a child surrendered and released by a parent or parents, then the licensed child-placing agency
or the department to whom custody and control of that child have been surrendered and released or transferred shall request
a review pursuant to section 9-205.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-204. Termination of parental rights
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 2: ESTABLISHMENT OF PATERNAL RIGHTS AND TERMINATION OF PARENTAL RIGHTS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-204. Termination of parental rights
(a) A petition for termination of parental rights may be brought in Probate Court in which an adoption petition is properly
filed as part of that adoption petition except when a child protection proceeding is pending or is subject to review by the
District Court.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) Except as otherwise provided by this section, a termination of parental rights petition is subject to the provisions of
Title 22, chapter 1071, subchapter VI.
[1997, c. 683, Pt. A, §8 (amd).]
(c) The court may appoint a guardian ad litem for the child. The appointment must be made as soon as possible after the petition
for termination of parental rights is initiated.
(1) The court shall pay reasonable costs and expenses for the guardian ad litem.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The guardian ad litem must be given access to all reports and records relevant to the case. In general, the guardian ad
litem shall represent the child. The guardian ad litem may conduct an investigation to ascertain the facts that includes:
(i) Reviewing records of psychiatric, psychological or physical examinations of the child, parents or other persons having
or seeking care or custody of the child;
(ii) Interviewing the child with or without other persons present;
(iii) Interviewing, subpoenaing, examining and cross-examining witnesses; and
(iv) Making recommendations to the court.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 683,
§A8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-205. Review
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 2: ESTABLISHMENT OF PATERNAL RIGHTS AND TERMINATION OF PARENTAL RIGHTS (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-205. Review
(a) The court shall conduct a judicial review if:
(1) A child is not adopted within 18 months of execution of a surrender and release;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The adoption is not finalized within 18 months of the consent to an adoption by a parent or parents; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) An adoption petition is not finalized within 18 months.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) If the court determines that adoption is still a viable plan for the child, the court shall schedule another judicial review
within 2 years. If the court determines that adoption is no longer a viable plan, the court shall attempt to notify the biological
parents, who must be given an opportunity to present an acceptable plan for the child. If either or both parents are able
and willing to assume physical custody of the child, then the court shall declare the consent or the surrender and release
void.
If the biological parents are not notified or are unable or unwilling to assume physical custody of the child or if the court
determines that placement of the child with the biological parents would constitute jeopardy as defined by Title 22, section
4002, subsection 6, then the case must be transferred to the District Court for a hearing pursuant to Title 22, section 4038-A.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-301. Petition for adoption and change of name; filing fee
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-301. Petition for adoption and change of name; filing fee
A husband and wife jointly or an unmarried person, resident or nonresident of the State, may petition the Probate Court to
adopt a person, regardless of age, and to change that person's name. The fee for filing the petition is $50 plus:
[2001, c. 52, §1 (amd);.]
(a) The fee for a national criminal history record check for noncriminal justice purposes set by the Federal Bureau of Investigation
for each prospective adoptive parent who is not the biological parent of the child; and
[2001, c. 52, §1 (new).]
(b) The fee for a state criminal history record check for noncriminal justice purposes established pursuant to Title 25, section
1541, subsection 6 for each prospective adoptive parent who is not the biological parent of the child.
[2001, c. 52, §1 (new).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 18,
§3
(AMD).
PL 1997,
Ch. 18,
§6
(AFF).
PL 2001,
Ch. 52,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-302. Consent for adoption
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-302. Consent for adoption
(a) Before an adoption is granted, written consent to the adoption must be given by:
(1) The adoptee, if the adoptee is 14 years of age or older;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Each of the adoptee's living parents, except as provided in subsection (b);
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) The person or agency having legal custody or guardianship of the child or to whom the child has been surrendered and released,
except that the person's or agency's lack of consent, if adjudged unreasonable by a judge of probate, may be overruled by
the judge. In order for the judge to find that the person or agency acted unreasonably in withholding consent, the petitioner
must prove, by a preponderance of the evidence, that the person or agency acted unreasonably. The court may hold a pretrial
conference to determine who will proceed. The court may determine that even though the burden of proof is on the petitioner,
the person or agency should proceed if the person or agency has important facts necessary to the petitioner in presenting
the petitioner's case. The judge shall consider the following:
(i) Whether the person or agency determined the needs and interests of the child;
(ii) Whether the person or agency determined the ability of the petitioner and other prospective families to meet the child's
needs;
(iii) Whether the person or agency made the decision consistent with the facts;
(iv) Whether the harm of removing the child from the child's current placement outweighs any inadequacies of that placement;
and
(v) All other factors that have a bearing on a determination of the reasonableness of the person's or agency's decision
in withholding consent; and
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) A guardian appointed by the court, if the adoptee is a child, when the child has no living parent, guardian or legal custodian
who may consent.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
A petition for adoption must be pending before a consent is executed.
[1997, c. 239, §4 (amd); §6 (aff).]
(b) Consent to adoption is not required of:
(1) A putative father or a legal father who is not the biological father if he:
(i) Received notice and failed to respond to the notice within the prescribed time period;
(ii) Waived his right to notice under section 9-201, subsection (c);
(iii) Failed to meet the standards of section 9-201, subsection (i); or
(iv) Holds no parental rights regarding the adoptee under the laws of the foreign jurisdiction in which the adoptee was
born;
[1999, c. 790, Pt. G, §1 (amd).]
(2) A parent whose parental rights have been terminated under Title 22, chapter 1071, subchapter VI;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) A parent who has executed a surrender and release pursuant to section 9-202;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) 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; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) The parent of an adoptee who is 18 years of age or older.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1999, c. 790, Pt. G, §1 (amd)]
(c) When the department consents to the adoption of a child in its custody, the department shall immediately notify:
(1) The District Court in which the action under Title 22, chapter 1071 is pending; and
[1997, c. 715, Pt. C, §1 (new).]
(2) The guardian ad litem for the child.
[1997, c. 715, Pt. C, §1 (new).]
[1997, c. 715, Pt. C, §1 (new).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 239,
§4
(AMD).
PL 1997,
Ch. 239,
§6
(AFF).
PL 1997,
Ch. 715,
§C1
(NEW).
PL 1999,
Ch. 790,
§G1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-303. Petition
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-303. Petition
(a) A petition for adoption must be sworn to by the petitioner and must include:
(1) The full name, age and place of residence of the petitioner and, if married, the place and date of marriage;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The date and place of birth of the adoptee, if known;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) The birth name of the adoptee, any other names by which the adoptee has been known and the adoptee's proposed new name,
if any;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) The residence of the adoptee at the time of the filing of the petition;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) The petitioner's intention to establish a parent and child relationship between the petitioner and the adoptee and a statement
that the petitioner is a fit and proper person able to care and provide for the adoptee's welfare;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(6) The names and addresses of all persons or agencies known to the petitioner that affect the custody, visitation or access
to the adoptee;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(7) The relationship, if any, of the petitioner to the adoptee;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(8) The names and addresses of the department and the licensed child-placing agency, if any; and
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(9) The names and addresses of all persons known to the petitioner at the time of filing from whom consent to the adoption is
required.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) A petitioner shall indicate to the court what information the petitioner is willing to share with the biological parents
and under what circumstances and shall provide a mechanism for updating that information.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) The caption of a petition for adoption may be styled "In the Matter of the Adoption Petition of (name of adoptee)." The
petitioner must also be designated in the caption.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-304. Investigation; guardian ad litem; registry
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-304. Investigation; guardian ad litem; registry
(a)
[2001, c. 52, §2 (rp).]
(a-1) Upon the filing of a petition for adoption of a minor child, the court shall request a background check and shall direct
the department or a licensed child-placing agency to conduct a study and make a report to the court.
(1) 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. The department or licensed child-placing
agency shall submit the report to the court within 60 days.
(i) If the court has a report that provides sufficient, current information, the court may waive the requirement of a study
and report.
(ii) If the petitioner is a blood relative of the child, the court may waive the requirement of a study and report.
[2001, c. 52, §3 (new).]
(2) The court shall request a background check for each prospective adoptive parent who is not the biological parent of the
child. The background check must include a screening for child abuse cases in the records of the department and criminal
history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation.
(i) The criminal history record information obtained from the Maine Criminal Justice Information System must include a record
of Maine conviction data.
(ii) The criminal history record information obtained from the Federal Bureau of Investigation must include other state
and national criminal history record information.
(iii) Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken.
The State Police, upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing state
and national criminal history record checks. The State Police shall take or cause to be taken the applicant's fingerprints
and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national
criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged
by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid
over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of
Public Safety.
(iv) The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history
record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject
of a state criminal history record check may inspect and review the criminal history record information pursuant to Title
16, section 620.
(v) State and federal criminal history record information may be used by the court for the purpose of screening prospective
adoptive parents in determining whether the adoption is in the best interests of the child.
(vi) Information obtained pursuant to this paragraph is confidential. The results of background checks received by the
court are for official use only and may not be disseminated outside the court except as required under Title 22, section 4011-A.
(vii) The expense of obtaining the information required by this paragraph is incorporated in the adoption filing fee established
in section 9-301. The Probate Court shall collect the total fee and transfer the appropriate funds to the Department of Public
Safety and the department.
[RR 2001, c. 1, §21 (cor).]
The court may waive the background check of a prospective adoptive parent if a previous background check was completed by
a court or by the department under this subsection within a reasonable period of time and the court is satisfied that nothing
new that would be included in the background check has transpired since the last background check.
This subsection does not authorize the court to request a background check for the biological parent who is also the current
legal parent of the child.
[2003, c. 575, §1 (amd).]
(a-2) The department may, pursuant to rules adopted by the department, at any time before the filing of the petition for adoption,
conduct background checks for each prospective adoptive parent of a minor child in its custody.
(1) The department may request a background check for each prospective adoptive parent who is not the biological parent of the
child. The background check must include criminal history record information obtained from the Maine Criminal Justice Information
System and the Federal Bureau of Investigation.
(i) The criminal history record information obtained from the Maine Criminal Justice Information System must include a record
of Maine conviction data.
(ii) The criminal history record information obtained from the Federal Bureau of Investigation must include other state
and national criminal history record information.
(iii) Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken.
The State Police, upon receipt of the fingerprint card, may charge the department for the expenses incurred in processing
state and national criminal history record checks. The State Police shall take or cause to be taken the applicant's fingerprints
and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national
criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged
by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid
over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of
Public Safety.
(iv) The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history
record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject
of a state criminal history record check may inspect and review the criminal history record information pursuant to Title
16, section 620.
(v) State and federal criminal history record information may be used by the department for the purpose of screening prospective
adoptive parents in determining whether the adoption is in the best interests of the child.
(vi) Information obtained pursuant to this paragraph is confidential. The results of background checks received by the
department are for official use only and may not be disseminated outside the department except to a court considering an adoption
petition under subsection (a-1).
[2003, c. 575, §2 (new).]
(2) Rules adopted by the department pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
[2003, c. 575, §2 (new).]
[2003, c. 575, §2 (new).]
(b) This subsection governs the collection and disclosure of information about the child's background.
(1) The department, the licensed child-placing agency or any other person who acts to place or assist in placing the child for
adoption shall obtain medical and genetic information on the biological parents and the child. Specifically, the department,
the licensed child-placing agency or other person who acts to place or assist in placing the child for adoption shall attempt
to obtain:
(i) A current medical, psychological and developmental history of the child, including an account of the child's prenatal
care and medical condition at birth, results of newborn screening, any drug or medication taken by the child's biological
mother during pregnancy, any subsequent medical, psychological or psychiatric examination and diagnosis, any physical, sexual
or emotional abuse suffered by the child and a record of any immunizations and health care received since birth; and
(ii) Relevant information concerning the medical, psychological and social history of the biological parents, including
any known disease or hereditary disposition to disease, the history of use of drugs and alcohol, the health of the biological
mother during her pregnancy and the health of the biological parents at the time of the child's birth.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Prior to the child being placed for adoption, the department, the licensed child-placing agency or other person who acts
to place or assist in placing the child for adoption shall provide the information described in paragraph (1) to the prospective
adoptive parents.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) If the department, the licensed child-placing agency or other person who acts to place or assists in placing the child for
adoption has specific, articulable reasons to question the truth or accuracy of any of the information obtained, those reasons
must be disclosed in writing to the prospective adoptive parents.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) The prospective adoptive parents must be informed in writing if any of the information described in this subsection can
not be obtained, either because the records are unavailable or because the biological parents are unable or unwilling to consent
to its disclosure or to be interviewed.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) If, after a child is placed for adoption and either before or after the adoption is final, the child suffers a serious medical
or mental illness for which the specific medical, psychological or social history of the biological parents or the child may
be useful in diagnosis or treatment, the prospective adoptive or adoptive parents may request that the department, the licensed
child-placing agency or other person who placed or assisted to place the child attempt to obtain additional information.
The department, licensed child-placing agency or other person shall attempt to obtain the information promptly and shall disclose
any information collected to the prospective adoptive or adoptive parents as soon as reasonably possible. The department,
the licensed child-placing agency or other person may charge a fee to the prospective adoptive or adoptive parents to cover
the cost of obtaining and providing the additional information. Fees collected by the department must be dedicated to defray
the costs of obtaining and providing the additional information. Fees may be reduced or waived for low-income prospective
adoptive or adoptive parents.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(6) The department, the licensed child-placing agency or other person who acts to place or assist in placing the child for adoption
shall file the information collected with the court and, if it appears that the adoption will be granted and this information
has not previously been made available to the adoptive parents pursuant to Title 22, section 4008, subsection 3, paragraph
G or Title 22, section 8205, the court shall make the information available to the adoptive parents, prior to issuing the
decree pursuant to subsection (f), with protection for the identity of persons other than the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(7) If the child to be placed for adoption is from a foreign country that has jurisdiction over the child and the prospective
adoptive parents are United States citizens, compliance with federal and international adoption laws is deemed to be compliance
with this subsection.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b-1) There is a rebuttable presumption that the petitioner would create a situation of jeopardy for the child if the adoption
were granted and that the adoption is not in the best interest of the child if the court finds that the petitioner for the
adoption of a minor child:
(1) Has been convicted of an offense listed in Title 19-A, section 1653, subsection 6-A, paragraph A in which the victim was
a minor at the time of the offense and the petitioner was at least 5 years older than the minor at the time of the offense
except that, if the offense was gross sexual assault under Title 17-A, section 253, subsection 1, paragraph B or C and the
minor victim submitted as a result of compulsion, the presumption applies regardless of the ages of the petitioner and the
minor victim at the time of the offense; or
[2005, c. 366, §1 (new).]
(2) Has been adjudicated in an action under Title 22, chapter 1071 of sexually abusing a person who was a minor at the time
of the abuse.
[2005, c. 366, §1 (new).]
The petitioner may present evidence to rebut the presumption.
[2005, c. 366, §1 (new).]
(c) The court may require that the child live for one year in the home of the petitioner before the petition is granted and
that the child, during all or part of this probationary period, be under the supervision of the department or a licensed adoption
agency.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) The court may appoint a guardian ad litem for the child at any time during the proceedings.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) Before the adoption is decreed, the court shall ensure that the petitioners are informed of the existence of the adoption
registry and the services available under Title 22, section 2706-A.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(f) If the judge is satisfied with the identity and relations of the parties, of the ability of the petitioner to bring up and
educate the child properly, considering the condition of the child's biological parents, and of the fitness and propriety
of the adoption, the judge shall make a decree setting forth the facts and declaring that from that date the child is the
child of the petitioner and that the child's name is changed, without requiring public notice of that change.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(g) A certified copy of the birth record of the child proposed for adoption must be presented with the petition for adoption
if the certified copy can be obtained or made available by filing a delayed birth registration. After the adoption has been
decreed, the register of probate shall file a certificate of adoption with the State Registrar of Vital Statistics on a form
prescribed and furnished by the state registrar.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 239,
§5
(AMD).
PL 1997,
Ch. 239,
§6
(AFF).
PL 2001,
Ch. 52,
§2,3
(AMD).
PL 2001,
Ch. 546,
§1
(AMD).
RR 2001,
Ch. 1,
§21
(COR).
PL 2003,
Ch. 575,
§1,2
(AMD).
PL 2005,
Ch. 366,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-305. Evidence; procedure
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-305. Evidence; procedure
(a) The judge may interview any adoptee, and shall interview an adoptee who is 12 years of age or older, outside the presence
of the prospective adoptive parents to determine the adoptee's attitudes and desires about the adoption and other relevant
issues.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) The judge may conduct an inspection in camera of records of relevant child protective proceedings and may disclose only
that information necessary for the determination of any issue before the court. Any disclosure of information must be done
pursuant to Title 22, section 4008, subsection 3.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) The parties may request a recording of the proceedings. The requesting party shall pay the expense of the recording.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-306. Allowable payments; expenses
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-306. Allowable payments; expenses
(a) Except when one of the petitioners is a blood relative of the adoptee or the adoptee is an adult, only the following expenses
may be paid by or on behalf of a petitioner in any proceeding under this article:
(1) The actual cost of legal services related to the consent or the surrender and release and to the adoption process;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Prenatal and postnatal counseling expenses for the biological mother;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) Prenatal, birthing and other related medical expenses for the biological mother;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) Necessary transportation expenses to obtain the services listed in paragraphs (1), (2) and (3);
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) Foster care expenses for the child;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(6) Necessary living expenses for the biological mother and the child;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(7) For the biological father, legal and counseling expenses related to the consent, the surrender and release and the adoption
process; and
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(8) Fees to a licensed child-placing agency providing services in connection with the pending adoption.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) Prior to the dispositional hearing pursuant to section 9-308, the petitioner shall file a full accounting of all disbursements
of anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption. The accounting
report must be signed under penalty of perjury and must be submitted to the court on or before the date the final decree is
granted. The accounting report must be itemized and show the services related to the adoption or to the placement of the
adoptee for adoption that were received by the adoptee's biological parents, by the adoptee or on behalf of the petitioner.
The accounting must include the dates of each payment and the names and addresses of each attorney, physician, hospital,
licensed child-placing agency or other person or organization who received funds or anything of value from the petitioner
in connection with the adoption or the placement of the adoptee with the petitioner or participated in any way in the handling
of the funds, either directly or indirectly. This subsection does not apply when one of the petitioners is a blood relative
or the adoptee is an adult.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) Payment for expenses allowable under subsection (a), if provided, may not be contingent upon any future decision a biological
parent might make pertaining to the child. Other expenses or payments to biological parents are not authorized.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-307. Adoption not granted
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-307. Adoption not granted
If the court determines that it is unable to finalize an adoption to which biological parents have consented, the court shall
notify the biological parents that the court has not granted the adoption and shall conduct a review pursuant to section 9-205.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-308. Final decree; dispositional hearing
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-308. Final decree; dispositional hearing
(a) The court shall grant a final decree of adoption if:
(1) All necessary consents, relinquishments or terminations of parental rights have been duly executed and filed with the court;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) An adoption study, when required by section 9-304, has been filed with the court;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) A list of all disbursements as required by section 9-306 has been filed with the court;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) The petitioner is a suitable adopting parent and desires to establish a parent and child relationship with the adoptee;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) The best interests of the adoptee are served by the adoption; and
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(6) All other requirements of this article have been met.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) In determining the best interests of the adoptee, the court shall consider and evaluate the following factors to give the
adoptee a permanent home at the earliest possible date:
(1) The love, affection and other emotional ties existing between the adoptee and the adopting person or persons, the biological
parent or biological parents or the putative father;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The capacity and disposition of the adopting person or persons, the biological parent or biological parents or the putative
father to educate and give the adoptee love, affection and guidance and to meet the needs of the adoptee. An adoption may
not be delayed or denied because the adoptive parent and the child do not share the same race, color or national origin; and
[1999, c. 78, §1 (amd).]
(3) The capacity and disposition of the adopting person or persons, the biological parent or biological parents or the putative
father to provide the adoptee with food, clothing and other material needs, education, permanence and medical care or other
remedial care recognized and permitted in place of medical care under the laws of this State.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1999, c. 78, §1 (amd).]
(c) The court shall enter its findings in a written decree that includes the new name of the adoptee. The final decree must
further order that from the date of the decree the adoptee is the child of the petitioner and must be accorded the status
set forth in section 9-105. If the court determines that it is in the best interest of the child, the court may require that
the names of the child and of the petitioner be kept confidential.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) Upon completion of an adoption proceeding, the biological parents who consented to an adoption or who executed a surrender
and release must be notified of the completion by regular mail at their last known address. Notice under this subsection
is not required to a biological parent who is also a petitioner. When the biological parents' rights have been terminated
pursuant to Title 22, section 4055, the notice must be given to the department and the department shall notify the biological
parents of the completion by regular mail at their last known address. Actual receipt of the notice is not a precondition
of completion and does not affect the rights or responsibilities of adoptees or adoptive parents.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) The department shall notify the grandparents of a child when the child is placed for adoption if the department has received
notice that the grandparents were granted reasonable rights of visitation or access under Title 19-A, chapter 59 or Title
22, section 4005-E.
[2001, c. 696, §9 (amd).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1999,
Ch. 78,
§1
(AMD).
PL 2001,
Ch. 696,
§9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-309. Appeals
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-309. Appeals
(a) Any party may appeal from any order entered under this article to the Supreme Judicial Court sitting as the Law Court, as
in other civil actions, but a bond to prosecute an appeal is not required of a child or next friend and costs may not be awarded
against either.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) An appeal from any order under this article must be expedited.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) An attorney or guardian ad litem appointed to represent a party in an adoption proceeding in Probate Court continues to
represent the interests of that party in any appeal unless otherwise ordered by the court.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-310. Records confidential
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-310. Records confidential
Notwithstanding any other provision of law, all Probate Court records relating to any adoption decreed on or after August
8, 1953 are confidential. The Probate Court shall keep records of those adoptions segregated from all other court records.
If a judge of probate court determines that examination of records pertaining to a particular adoption is proper, the judge
may authorize that examination by specified persons, authorize the register of probate to disclose to specified persons any
information contained in the records by letter, certificate or copy of the record or authorize a combination of both examination
and disclosure.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
div>
Any medical or genetic information in the court records relating to an adoption must be made available to the adopted child
upon reaching the age of 18 and to the adopted child's descendants, adoptive parents or legal guardian on petition of the
court.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-311. Interstate placements
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-311. Interstate placements
(a) A person or agency who intends to bring a child to this State from another state for the purpose of adoption must provide
to the Probate Court the certification of compliance as required by the department pursuant to Title 22, chapter 1153.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) A person or agency who intends to remove a child from this State for the purpose of adoption in another state must obtain
from the department certification of compliance with Title 22, chapter 1153 prior to the removal of the child from this State.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) The Probate Court may not grant a petition to adopt a child who has been brought to or will be removed from this State for
the purpose of adoption without department certification of compliance with Title 22, chapter 1153.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) An agency or person who fails to comply with this section commits a civil violation for which a penalty of not less than
$100 and not more than $5,000 may be adjudged.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-312. Foreign adoptions
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-312. Foreign adoptions
If an adoption in a foreign country has been finalized and the adopting parents are seeking an adoption under the laws of
this State to give recognition to the foreign adoption, a judge of probate may enter a decree of adoption based solely upon
a judgment of adoption in a foreign country and may order a change of name if requested by the adopting parents.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-313. Advertisement
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-313. Advertisement
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.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-314. Immunity from liability for good faith reporting; proceedings
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-314. Immunity from liability for good faith reporting; proceedings
A person, including an agent of the department, who participates in good faith in reporting violations of this article or
participates in a related child protection investigation or proceeding is immune from any criminal or civil liability for
reporting or participating in the investigation or proceeding. For purposes of this section, "good faith" does not include
instances when a false report is made and the person knows the report is false.
[1997, c. 683, Pt. A, §9 (amd).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 683,
§A9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-315. Annulment of the adoption decree
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 3: ADOPTION PROCEDURES (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-315. Annulment of the adoption decree
(a) A judge of probate may, on petition of 2 or more persons and after notice and hearing, reverse and annul a decree of the
Probate Court for one of the following reasons.
(1) The court finds that the adoption was obtained as a result of fraud, duress or illegal procedures.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) The court finds other good cause shown consistent with the best interest of the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) Notice of a petition to annul must be given to the biological parents, except those whose parental rights were terminated
through a proceeding pursuant to Title 22, section 4055, subsection 1, paragraph B, subparagraph (2), and to all parties to
the adoption including the adoptive parents, an adoptee who is 14 years of age or older and the agency involved in the adoption.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) After the Probate Court annuls a decree of adoption, the register of probate shall transmit immediately a certified copy
of the annulment to the State Registrar of Vital Statistics.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-401. Authorization; special needs children
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 4: ADOPTION ASSISTANCE PROGRAM (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-401. Authorization; special needs children
(a) There is established in the Department of Health and Human Services the Adoption Assistance Program, referred to in this
Part as "the program."
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff); 2003, c. 689, Pt. B, §6 (rev).]
(b) Subject to rules and regulations adopted by the department and the federal Department of Health and Human Services, the
department may provide through the program adoption assistance for special needs children in its care or custody or in the
custody of a nonprofit private licensed child-placing agency in this State if those children are legally eligible for adoption
and, when reasonable but unsuccessful efforts have been made to place them without adoption assistance, would not otherwise
be adopted without the assistance of this program.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) The department shall, subject to rules and regulations adopted by the department and the federal Department of Health and
Human Services, reimburse adoptive parents of a special needs child for one-time adoption expenses when reasonable but unsuccessful
efforts have been made to place the child without such assistance.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(d) A "special needs child" means a child who:
(1) Has a physical, mental or emotional handicap that makes placement difficult;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Has a medical condition that makes placement difficult;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) Is a member of a sibling group that includes at least one member who is difficult to place;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(4) Is difficult to place because of age or race;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(5) Has been a victim of physical, emotional or sexual abuse or neglect that places the child at risk for future emotional difficulties;
or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(6) Has in the family background factors such as severe mental illness, substance abuse, prostitution, genetic or medical conditions
or illnesses that place the child at risk for future problems.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(e) For the purposes of this section, the department is authorized to use funds that are appropriated for child welfare services
and funds provided under the United States Social Security Act, Titles IV-B and IV-E.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(f) The amount of adoption assistance may vary depending upon the resources of the adoptive parents and the special needs of
the child, as well as the availability of other resources, but may not exceed the total cost of caring for the child if the
child were to remain in the care or custody of the department, without regard to the source of the funds.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(g) The duration of assistance may continue until the cessation of legal parental responsibility or until the parents are no
longer supporting the child, at which time the adoption assistance ceases. However, if the child has need of educational
benefits or has a physical, mental or emotional handicap, adoption assistance may continue until the adoptee has attained
21 years of age if the adoptee, the parents and the department agree that the need for care and support exists.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(h) Children who are in the custody of a person or agency in another state who are brought to this State for the purpose of
adoption are not eligible for adoption assistance through the program except for reimbursement of nonrecurring expenses if
the child meets the requirements of the United States Social Security Act, 42 United States Code, Section 673 (c).
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-402. Adoption assistance
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 4: ADOPTION ASSISTANCE PROGRAM (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-402. Adoption assistance
(a) Applications for the program may be submitted by the following persons:
(1) Foster parents interested in adopting an eligible child in their care;
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(2) Other persons interested in adopting an eligible child; or
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(3) Adoptive parents who were not informed of the program or of facts relevant to the child's eligibility when they adopted
a child who was at the time of adoption eligible for participation in the program.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) All applicants for the program must meet department standards for adoption except for financial eligibility.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) Assistance may be provided for special needs only and may be varied based on the special needs of the child. Assistance
may be provided for a period of time based on the special needs of the child.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-403. Administration
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 4: ADOPTION ASSISTANCE PROGRAM (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-403. Administration
(a) A written agreement between the family entering into the program and the department must precede the final decree of adoption,
except that an application may be filed subsequent to the finalization of the adoption if there were facts relevant to the
child's eligibility that were not presented at the time of the request for assistance or if the child was eligible for participation
in the program at the time of placement and the adoptive parents were not apprised of the program.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(b) If assistance continues for more than one year, the need for assistance must be annually redetermined. Adoption assistance
continues regardless of the state in which the adoptive parents reside, or the state to which the adoptive parents move, as
long as the family continues to be eligible based on the annual redetermination of need.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
(c) Upon the death of both adoptive parents, adoption assistance may be transferred to the legal guardian as long as the child
continues to be eligible for adoption assistance pursuant to the terms of the most recent adoption assistance agreement with
the adoptive parents. The department shall enter into a new assistance agreement with the legal guardian.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §9-404. Rules
Title 18-A: PROBATE CODE
Article IX: Adoption (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
Part 4: ADOPTION ASSISTANCE PROGRAM (HEADING: PL 1995, c. 694, Pt. C, @7 (new))
§9-404. Rules
The department shall adopt rules for the program consistent with this Part.
[1995, c. 694, Pt. C, §7 (new); Pt. E, §2 (aff).]
Section History:
PL 1995,
Ch. 694,
§C7
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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