Confirmatory Adoption in Maine: How-To Guide

The Confirmatory Adoption law – 18-C M.R.S. § 9-316 – establishes a streamlined process for Maine residents who are already the parents of their children and want to confirm parental rights through obtaining a decree of adoption. This guide summarizes the qualifications, requirements, and steps for confirmatory adoption in the state.*

Why Adopt?

  • An adoption decree is a legal confirmation of the parent-child relationship that must be respected by other states. It cannot be revoked or undone once the final decree is issued.
  • Adoption is one way to secure a legal parent-child relationship which ensures access to important rights and benefits. For more information, visit 18-C M.R.S. § 9-316, GLAD: Second Parent Adoption, Maine.
  • To understand other paths to securing your legal parent-child relationship, visit GLAD: LGBTQ Paths to Parentage Security.

Who is Eligible?

Parents qualify for confirmatory adoption when a child was born as a result of assisted reproduction, there are no competing claims of parentage, and:

  • Single Petitioner: the petitioner gave birth to the child.
  • Joint Petitioners:
    • one of the petitioners gave birth to the child and was married to the other petitioner at the time of the child’s birth, or
    • one of the petitioners gave birth to the child with the consent of both petitioners, and the other petitioner is a parent or presumed parent of the child.

What is Required?

Parents seeking confirmatory adoption will need to provide the following forms:

(1) Petition for Confirmatory Adoption (AD-030), signed in the presence of a notary
public.

  • For item 6 on that form, please see below an example of how to explain the circumstances of the child’s birth through assisted reproduction:
    • We are in a loving and committed relationship to each other [and were married on [MARRIAGE DATE] in [MARRIAGE LOCATION]. Together we planned for our family, including the birth of [CHILD NAME] using assisted reproduction technology. We were fully advised of our rights and risks of assisted reproduction, and each of us knowingly and willingly gave our full consent to the necessary procedures. [BIRTH PARENT NAME] was impregnated using sperm from a sperm donor through the [SPERM BANK NAME] at [HOSPITAL/CLINIC NAME & ADDRESS] by [DOCTOR/NURSE/TECH NAME]. And gave birth to [CHILD NAME] on [CHILD DATE OF BIRTH].
    • We are in a loving and committed relationship to each other [and were married on [MARRIAGE DATE] in [MARRIAGE LOCATION]. Together we planned for our family, including the birth of [CHILD NAME] using assisted reproduction technology. We were fully advised of our rights and risks of assisted reproduction, and each of us knowingly and willingly gave our full consent to the necessary procedures. [BIRTH PARENT NAME] was impregnated using sperm from a known donor. There is no written agreement that the donor is a parent; in fact, we have a written agreement that the donor is not a parent. The [CHILD NAME] was born on [CHILD DATE OF BIRTH].
    • This template should be adjusted as necessary. For example, if petitioner(s) are not married, then delete the references to marriage.
    • Note: Proof of notice to and consent of donor is not required.
  • Petitioners must check both boxes for item 7.

(2) Jurisdictional Affidavit (AF-101), completed by the birth parent and signed in the
presence of a notary public.

(3) Certificate of Adoption (VS-9)

  • Petitioner(s) must fill out the certification on the second page if:
    • a new birth certificate is not needed (both parents are listed on the current birth certificate and no name change for the child), or
    • petitioner(s) want the new birth certificate to bear an asterisk next to the items changed by adoption.

(4) Original Birth Certificate

  • Note: if the adoptee is 12 years of age or older, written consent to the adoption by the adoptee is required.

(5) Marriage Certificate, if applicable. Photocopies are acceptable.

(6) Driver’s License or other identifying document. Photocopies are acceptable.

(7) Filing Fee of $65.00

What is Not Required?

Unless otherwise ordered by the court for good cause shown or required by federal law, the court
may not require:

  • an in-person hearing, unless requested by petitioner;
  • an investigation or home study;
  • a criminal history records check;
  • verification that the child is not registered with a register for missing children;
  • appointment of a guardian ad litem (court-appointed attorney to represent the best interests of the child);
  • an interview of the adoptee; or
  • a minimum residency period in the petitioner’s home.

Do I Need an Attorney?

  • No. Parents can secure confirmatory adoption without an attorney.
  • If you have questions or need referrals because you would like the help of an attorney, contact GLAD Answers.

What are the Steps?

(1) Filing. Petitioner(s) file a petition with the Maine Probate Court, including all forms listed above. It is recommended for petitioner(s) to hand deliver the forms to their County Probate Court, but petitioner(s) can also mail in the forms or file electronically.

  • To file in person or by mail, visit County Probate Court Directory.
  • To file online, visit EZ-File Guide. The fee to file electronically is $7.00.
  • Follow instructions above to ensure that all forms and supporting documents are
    completed correctly.

(2) Adoption. Provided all forms are completed correctly, the judge will enter an adoption decree confirming that the petitioner(s) has/have legally adopted the child.

  • Petitioner(s) should receive an order of confirmatory adoption within 60 days by
    mail.

Questions?

If you have further questions about confirmatory adoption, contact GLAD Answers.

This resource was created in partnership with Janene Oleaga, Esq.,Family Formation Attorney and Founder of Oleaga Law LLC.

*Please note that this guide is provided for informational purposes only, and it does not constitute legal advice or form an attorney/client relationship.