1. Written consent. Before an adoption is granted, written consent to the adoption must be given by:
A. The adoptee, if the adoptee is 12 years of age or older; [PL 2019, c. 664, Pt. A, §1 (AMD).]
B. Each of the adoptee’s living parents, except as provided in subsection 2; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. A person or agency having legal custody or guardianship of the adoptee if the adoptee is a 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 court, may be overruled by the court. In order for the court 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 shall determine whether the person or agency acted unreasonably in withholding consent prior to any hearing on whether to grant the adoption. The court may hold a pretrial conference to determine who will proceed. The court may determine that even though the burden of proof remains on the petitioner, the person or agency should present its reasons for withholding consent and the facts supporting the decision before the petitioner presents its evidence. The court shall consider the following:

(1) Whether the person or agency determined the needs and interests of the child;
(2) Whether the person or agency determined the ability of the petitioner and other prospective families to meet the child’s needs;
(3) Whether the person or agency made the decision consistent with the facts;
(4) Whether the harm of removing the child from the child’s current placement outweighs any inadequacies of that placement;
(4-A) Whether an agency withholding consent to the petitioner consented to the adoption of the child by a person who is a preadoptive parent as defined in Title 22, section 4002, subsection 9?A or who was identified as an appropriate permanency placement in a court-approved permanency plan pursuant to Title 22, section 4038?B; and
(5) 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 [PL 2019, c. 664, Pt. A, §1 (AMD).]
D. 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
A petition for adoption must be pending before a consent is executed.

[PL 2019, c. 664, Pt. A, §1 (AMD).]

Terms Used In Maine Revised Statutes Title 18-C Sec. 9-302

  • Adoptee: means a person who will be or who has been adopted, regardless of whether the person is a child or an adult. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Child: means a person who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Parent: means a person who, with respect to a child:
A. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Petitioner: means a person filing a petition to adopt an adult or a child, and includes both petitioners under a joint petition, except as otherwise provided in this Article. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Putative parent: means a person who is the alleged parent of a child but whose parentage has not been but may be legally determined in accordance with Title 19-A, chapter 61. See Maine Revised Statutes Title 18-C Sec. 9-102
    • 2. Consent not required. Consent to adoption is not required of:
    A. A putative parent if the putative parent:

    (1) Received notice and failed to respond to the notice within the prescribed time period;
    (2) Waived the right to notice under section 9?201, subsection 3;
    (3) Does not establish parentage of the child under section 9?201, subsection 9; or
    (4) Holds no parental rights regarding the adoptee under the laws of the foreign country in which the adoptee was born; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
    B. A parent whose parental rights have been terminated under Title 22, chapter 1071, subchapter 6; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
    C. A parent who has executed a surrender and release pursuant to section 9?202; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
    D. 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 [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
    E. A parent of an adoptee who is 18 years of age or older. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

    [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

    3. Consent by department; notice.

    [PL 2019, c. 664, Pt. A, §1 (RP).]

    4. Consent by department; notice. This subsection applies when the department consents to the adoption of a child in its custody.
    A. 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
    (2) The guardian ad litem for the child. [PL 2019, c. 664, Pt. A, §1 (NEW).]
    B. The department may consent to more than one person petitioning to adopt a child in its custody. In such cases, the court may request that the department provide information and a recommendation regarding petitioners. [PL 2019, c. 664, Pt. A, §1 (NEW).]

    [PL 2019, c. 664, Pt. A, §1 (NEW).]

    SECTION HISTORY

    PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 664, Pt. A, §1 (AMD).
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