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MAINE Maine Revised Statutes Annotated Title 19, 1101 to1144 Title 22, 2706-Ato 2766, 4171 to 4176, and 8201 to8204 (1995) Who Can Adopt? Any husband and wife jointly, or any unmarried person may adopt. Who Can Be Adopted? Any person may be adopted. Consent to Adoption The following parties must provide written consent to the adoption: (1) each of the adoptee's parents; (2) the person or agency having legal custody of the child, or acourt-appointed guardian; and (3) the adoptee, if 14 years of age or older. The following are persons who need not consent: (1) a parent whose parental rights have been terminated; (2) a parent who has surrendered the child for adoption; (3) a parent of an adoptee who is 18 years of age or older; or (4) the putative father, who has received notice and failed to respond to thenotice within a prescribed period of time. If after the putative father has been given notice of the adoption he wants toestablish parental rights to the child, he has 20 days to petition the court todo so. The judge will conduct a hearing to determine whether to grant theputative father parental rights or not, based on his ability and willingness toprovide for the child. Confidentiality All adoption records are confidential and may be examined only upon courtorder. Prior to a final order of adoption, the Department of Human Servicesshall disclose to the prospective adoptive parents available informationregarding the child's medical and genetic background and any history thatpertains to serious sexual, emotional, or physical abuse of the child. Anymedical or genetic information in the court records relating to an adoption canalso be made available to the adoptee at the age of 18, the adoptee's children,adoptive parents, or adoptee's legal guardian, on petition to the court. The State registrar will maintain files of the names and addresses ofadoptees, and adoptive and biological parents who have registered. When theadoptee reaches age 18, if both the adoptee and the biological parents haveconsented, the registrar may release identifying information. If the birthparent is deceased and the adoptee is 18 years of age or older, the Stateregistrar may disclose the fact that the birth parent has died. Permissible Fees No fees can be charged by an agency or an individual that represent more thanthe reasonable costs of the services provided. Place of Adoption Hearing The hearing may take place in the court of the county where the adoptee livesor was born, the adoptive parent lives, or where the child-placing agency thathas custody of the child is located. In independent adoptions the hearing maytake place where the adoptee or adoptive parents live or where the consent hasbeen filed. Authority To Place Child The Department of Human Services or any child-placing agency or individuallicensed by the Department is authorized to place a child for adoption. Anyindividual who does not hold himself out as placing or finding homes forchildren for adoption, but who places or assists in placing a child foradoption, shall not be subject to the licensing requirement. Relative Adoption No home investigation is required when a blood relative is adopting a child. Advertisements Only licensed child placing agencies may advertise for adoption services orsolicit adoptions and only accordance with the rules adopted by theDepartment. |
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Not available in electronic form at this time for this state, sorry. |
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Maine State Bar Association |
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