Maine Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Tit. 18-A, § 9-302- Each living parent, unless consent has been waived
- The person or agency having legal custody
- A guardian appointed by the court
Age When Consent of Adoptee is Considered or Required
Statute: Tit. 18-A, § 9-302
- Each living parent, unless consent has been waived The person or agency having legal custody A guardian appointed by the court
- A child 14 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: Tit. 18-A, §§ 9-302; 9-201- The parent has abandoned the child.
- The parent fails to assume parental responsibility.
- The parent's rights have been terminated.
- The child is 18 years of age or older.
- A putative father has failed to respond to notice or has waived right of notice.
When Consent Can Be Executed
Statute: 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.
How Consent Must Be Executed
Statute: Tit. 18-A, § 9-202- Parents must execute consent before a judge.
- Consent by an agency may be executed before a notary public and filed with the probate court.
- The adoptee, if 14 years of age or older, must execute consent before a judge.
Revocation of Consent
Statute: Tit. 18-A, § 9-202- A consent or release will not be valid until 3 days after if has been executed; it then becomes final and irrevocable.
- If the adoption placement that has been consented to is not finalized within 18 months, a review must be held.
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