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Adoption Law in Maine

This page covers adoption law as it applies in Maine — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what adoption protects generally, see the national overview.

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Quick answer

Maine adoption law gives a child a permanent, legal family through a court order. To get started, identify which type of adoption fits your situation—adopting through the state foster care system, through a private agency, or as a stepparent or relative—and complete required background checks and paperwork before filing in Maine Probate Court or District Court. Deadlines can be very short: a birth parent has only 5 working days after signing an adoption consent to change their mind. Because mistakes in adoption can be difficult to undo, acting quickly and getting legal help early are important.

Laws that govern adoption in Maine

Maine state law

  • Maine Adoption ActMe. Rev. Stat. tit. 18-C, art. 9 (§§ 9-101 to 9-404)

    Maine's primary adoption statute, covering who may adopt, consent and surrender procedures, home study requirements, court proceedings, the finalization process, and the Adoption Assistance Program for children with special needs.

  • Maine Indian Child Welfare ActMe. Rev. Stat. tit. 22, ch. 1066 (§§ 3941 to 3955)

    State law that supplements the federal Indian Child Welfare Act and establishes additional protections, tribal jurisdiction rules, and placement preferences for adoption proceedings involving Native American Indian children.

  • Child and Family Services and Child Protection Act — Termination of Parental RightsMe. Rev. Stat. tit. 22, § 4055

    Establishes the grounds on which a Maine court may involuntarily terminate a parent's legal rights as a prerequisite to a child's adoption through the state child welfare system.

  • Termination of Parental Rights — Private Adoption PathwayMe. Rev. Stat. tit. 18-C, § 9-204

    Governs voluntary and court-ordered termination of parental rights in private adoption proceedings, including the procedural protections and best-interest standards the court must apply.

Browse all of Maine’s statutes →

Federal law

  • Indian Child Welfare Act of 1978

    Governs the removal and placement of Native American children in foster or adoptive homes. Recently upheld in Haaland v. Brackeen (2023). Codified at 25 U.S.C. ch. 21.

Maine-specific deadlines for adoption cases

Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.

  • Minimum waiting period before a birth parent may sign surrender or consent: 72 hours after birth

    A birth parent cannot legally sign any surrender or adoption consent document until at least 72 hours after the child is born; any signature before that point has no legal effect.

    Me. Rev. Stat. tit. 18-C, § 9-202

  • Window for birth parent to revoke adoption consent or surrender: 5 working days

    These are working days, not calendar days; a birth parent who signed on a Friday has through the following Friday (excluding weekends and holidays) to revoke. A parent who is also a co-petitioner in the same adoption does not have this revocation right.

    Me. Rev. Stat. tit. 18-C, § 9-202

  • Deadline for home study report to be submitted to the court: 60 days

    The Department of Health and Human Services or the licensed child-placing agency handling the case must file a completed home study report with the court within 60 days of the petition; courts may waive the study for certain relatives or if equivalent current information already exists.

    Me. Rev. Stat. tit. 18-C, § 9-304

  • Period within which adoption must be finalized after consent is executed before court review is required: 18 months

    If the adoption petition is withdrawn, dismissed, or the adoption has not been finalized within 18 months of the consent being signed, the court must hold a review to assess the situation and next steps.

    Me. Rev. Stat. tit. 18-C, § 9-202

These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.

Where to go & how to get help

Government agencies and non-profit legal-help organizations for adoption in Maine.

How to take action in Maine

  1. 1

    Identify the right adoption path for your situation

    Maine recognizes several types of adoption: public adoption of a child in state foster care through the Department of Health and Human Services, private agency adoption, stepparent or relative adoption, and international adoption. Each path has different requirements, timelines, and costs.

  2. 2

    Complete licensing and training if adopting from foster care

    To adopt a child in Maine state custody, prospective parents must apply for a resource family license with the Maine Department of Health and Human Services Office of Child and Family Services and complete required training through the 'A Family for ME' program before a match can be made.

  3. 3

    Ensure all parental rights are legally ended before filing

    Before an adoption can proceed, the legal rights of the child's existing parents must be either voluntarily surrendered—with a required 72-hour wait after birth and a 5-working-day revocation window—or involuntarily terminated by a court under Maine Revised Statutes Title 18-C, Section 9-204 or Title 22, Section 4055.

  4. 4

    File an adoption petition in the correct Maine court

    A petition may be filed in Maine Probate Court or District Court; the right court depends on whether related cases involving the child are already open. The base filing fee is $65 plus background check costs under Maine Revised Statutes Title 18-C, Section 9-301.

  5. 5

    Cooperate with the home study and background checks

    A licensed agency or the Department of Health and Human Services must submit a home study report to the court within 60 days of the petition being filed; all prospective adoptive parents who are not already the child's legal parent must undergo state and federal criminal history background checks, including fingerprinting.

  6. 6

    Attend the final hearing and receive the decree of adoption

    After all consents, background checks, and the home study are complete, the court holds a hearing and, if adoption serves the child's best interests, issues a final decree making the adoption legally complete from that date forward.

A general roadmap, not legal advice — the right steps depend on your situation and deadlines.

Common questions about adoption in Maine

Can a birth parent change their mind after signing adoption consent in Maine?

Under Maine Revised Statutes Title 18-C, Section 9-202, a birth parent generally has 5 working days after signing a consent or surrender document to revoke that consent. The document does not become legally final until those 5 working days pass without revocation. After that window closes, revocation is not available except in very limited circumstances.

How long does the adoption process take in Maine?

The timeline varies widely by type. A stepparent or relative adoption with a willing birth parent may conclude in a few months once paperwork is filed. A foster care adoption requires the prior termination of parental rights, which can take a year or more. International adoptions add the timelines of the foreign country and United States immigration processing.

Do I need a lawyer to adopt in Maine?

Maine law does not require an attorney, but adoption involves complex legal steps and most families benefit from representation. The Maine Judicial Branch provides self-help forms and guides, Pine Tree Legal Assistance offers free help to income-eligible families, and the Maine State Bar Association's Lawyer Referral Service can connect families with private adoption attorneys.

What is a home study and is it always required?

A home study is an investigation of the prospective adoptive family's background, living conditions, and parenting suitability. Under Maine Revised Statutes Title 18-C, Section 9-304, it is required in most adoptions and the report must be submitted to the court within 60 days of filing the petition. Courts may waive the study for close relatives or when current equivalent information is already on file.

What special rules apply if the child is a Native American Indian child?

Both federal law—the Indian Child Welfare Act of 1978, at 25 United States Code, Section 1901 and following—and Maine's own Maine Indian Child Welfare Act (Maine Revised Statutes Title 22, Chapter 1066) impose strict additional requirements, including tribal notification, placement preferences favoring extended family or tribal placement, and heightened consent standards. Failing to follow these rules can invalidate an adoption.

Is there financial help for adopting a child with special needs?

Yes. Maine's Adoption Assistance Program, found at Maine Revised Statutes Title 18-C, Sections 9-401 through 9-404, provides ongoing financial support to families who adopt children with special needs from the state foster care system. Eligibility and payment amounts are set through an individual agreement with the Department of Health and Human Services.

Can same-sex couples or unmarried partners adopt in Maine?

Yes. Maine Revised Statutes Title 18-C, Section 9-301 allows 'spouses or unmarried persons jointly or an unmarried person' to file an adoption petition with no restriction based on gender or sexual orientation. Maine has recognized marriage equality since 2012, and married same-sex couples may jointly petition to adopt.

Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.