How to Adopt an Adult in Maine
Reviewed by DocDraft Legal Team · Maine · Last updated November 13, 2026
Maine keeps no separate rulebook for grown adoptees: one section of its Probate Code lets a petitioner adopt a person regardless of age, and it treats a resident and a nonresident alike. In plain terms, adult adoption is a court proceeding that permanently makes one adult the legal parent of another adult, with the inheritance and next of kin consequences that follow. Because the same Article 9 governs children and adults, the work is sorting which rules reach a grown adoptee. Eligibility is open: no category list, no disability test and no minimum age gap. The person being adopted must give written consent, and an adoptee 14 or older signs that consent in the presence of the judge, who must also interview an adoptee 12 or older away from the people adopting. Parents of an adoptee 18 or older need not consent. Nothing is required from the adoptee's husband or wife. On the other side, the statute lets spouses petition only jointly, so a married adopter files together with their spouse. The case belongs to the Probate Court in the county where either of you lives, the petition fee is $65, and the study and background check apply to petitions for a minor child. The decree can change the adoptee's name and can preserve inheritance from the birth family. Attorney review of your documents is available through DocDraft.
Find out where you stand in Maine
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Who can be adopted as an adult in Maine?
Any person. Maine's petition section allows spouses jointly, unmarried persons jointly or an unmarried person to adopt a person regardless of age (18-C M.R.S. §9-301). Article 9 attaches no category list, no disability condition, no prior relationship requirement and no minimum difference in age between the two of you.
Do I have to live in Maine to adopt an adult there?
No. Section 9-301 lets a person petition whether resident or nonresident of the State. The county still matters: without an agency placement, the petition is filed in the county or division where the adoptee resides or where the petitioners reside (18-C M.R.S. §9-104(2)).
Does a spouse have to be involved in a Maine adult adoption?
The adopter's spouse, yes: Maine lets spouses petition only jointly, so a married adopter files together with their husband or wife (18-C M.R.S. §9-301). The adoptee's spouse, no: the written consent list in section 9-302(1) does not include the adoptee's spouse, and Article 9 asks nothing else of them.
How much does it cost to file an adult adoption in Maine?
The fee for filing the petition is $65 under 18-C M.R.S. §9-301. The same section adds state and federal criminal history record check fees for each prospective adoptive parent who is not a parent of the child, so confirm the total with the register of probate before filing.
Maine adult adoption at a glance
Adult adoption in Maine is a Probate Court decree that makes one adult the legal child of another, giving the adoptee the same rights, including inheritance rights, as a child born to the adoptive parents (18-C M.R.S. §9-105). Maine runs adults and children through one Article, so the notable features are where the adult path diverges. Parents of an adoptee 18 or older need not consent. Petitioners need not account for adoption payments when the adoptee is an adult. The adoptee still signs a written consent, executes it before the judge, and is interviewed privately by the court. Married adopters petition jointly with their spouse, nonresidents may file, and the $65 decree can rename the adoptee and preserve inheritance from the birth family.
A Penobscot County petition filed by a couple who live out of state
Ruth and Daniel moved away from Maine a decade ago, but Kayla, the 30 year old they fostered from age 15, still lives in Bangor. Section 9-301 lets nonresidents petition, and section 9-104(2) puts the case in Penobscot County because Kayla lives there. Ruth cannot file alone while married, so the couple petition jointly. Kayla's birth parents need not consent because she is over 18, and her husband is not asked for anything. Kayla signs her written consent in front of the judge, who also speaks with her privately. The petition fee is $65. Kayla asks the court to change her surname in the decree and to preserve her right to inherit from her birth mother, which section 2-117 allows only if the decree says so.
Relevant Laws
18-C M.R.S. §9-301 (petition for adoption and change of name; filing fee)
Lets spouses jointly, unmarried persons jointly or an unmarried person, resident or nonresident, petition to adopt a person regardless of age and change that person's name. Sets the $65 petition fee plus criminal history record check fees for each prospective adoptive parent who is not a parent of the child.
18-C M.R.S. §9-302 (consent for adoption)
Requires written consent from an adoptee 12 or older and from the adoptee's living parents, then removes the parental consent for an adoptee 18 or older in subsection 2(E). Custodian and court guardian consents are limited to an adoptee who is a child.
18-C M.R.S. §9-202 and §9-305 (consent before the judge; adoptee interview)
Section 9-202(1) requires an adoptee 14 or older to execute consent in the presence of the judge. Section 9-305(1) directs the court to interview an adoptee 12 or older outside the presence of the prospective adoptive parents.
18-C M.R.S. §9-103 and §9-104 (Probate Court jurisdiction and venue)
Gives the Probate Court exclusive jurisdiction over petitions for adoption and, where no agency or the department placed the adoptee, places venue in the county or division where the adoptee resides or where the petitioners reside.
18-C M.R.S. §9-105, §2-117 and §2-705 (rights and inheritance)
An adopted person has the same rights, including inheritance rights, as a child born to the adoptive parents. Former parents are divested, but the decree may preserve inheritance from them. Class gifts by a transferor who is not the parent turn on a relationship formed before age 18.
Regional Variances
Maine adult adoption rules at a glance
Who may be adopted
A person regardless of age (18-C M.R.S. §9-301). Article 9 defines an adult as a person 18 or older and an adoptee as a person adopted whether a child or an adult (§9-102). No category list, disability test or prior relationship requirement.
Age relationship
None. Article 9 sets no minimum number of years between petitioner and adoptee and does not require the adoptee to be younger.
Consent of the person being adopted
Written consent required from an adoptee 12 or older (§9-302(1)(A)), executed in the presence of the judge when the adoptee is 14 or older (§9-202(1)). Article 9 names no one who may consent in place of an adult adoptee.
Adopter's spouse
Joins the petition. Section 9-301 permits spouses to petition jointly and does not list a married person petitioning alone. A parent who petitions with a stepparent spouse is a petitioner, so the completion notice in §9-308(4) does not go to that parent.
Adoptee's spouse
Nothing required. The consent list in §9-302(1) does not include the adoptee's spouse, and every mention of a spouse in Article 9 concerns the petitioner's side of the case.
Birth parents
No consent for an adoptee 18 or older (§9-302(2)(E)). The completion notice in §9-308(4) goes to parents who consented, which the parents of an adult adoptee need not do.
Court and venue
Probate Court, which has exclusive jurisdiction over petitions for adoption (§9-103(1)(A)). Without an agency placement, file in the county or division where the adoptee or the petitioners reside (§9-104(2)).
Residency
No durational requirement. Residents and nonresidents may petition (§9-301), though venue requires that the adoptee or the petitioners reside in the county where the petition is filed.
Filing fee
$65 for the petition (§9-301), plus state and federal criminal history record check fees for each prospective adoptive parent who is not a parent of the child. Confirm with the register of probate whether those check fees apply to your petition.
Study and background check
Keyed to a petition for adoption of a minor child (§9-304(1)), so by its terms it does not reach an adult adoptee. The decree requires an adoption study only when §9-304 requires one (§9-308(1)(B)).
Payments and accounting
The limits on payments and the sworn accounting of disbursements do not apply when the adoptee is an adult (§9-306(1), (2)). Agency counseling certification is likewise not required for an adult adoptee (§9-202(2)(A)).
Hearing and interview
The decree may issue once the petitioner has been heard or has waived hearing (§9-308(1)). The court shall interview an adoptee 12 or older outside the presence of the prospective adoptive parents (§9-305(1)).
Name change
Available in the same case. The petition may seek a name change (§9-301), lists any proposed new name (§9-303(1)(C)), and the written final decree includes the adoptee's new name (§9-308(3)).
Inheritance
Same rights as a child born to the adoptive parents (§9-105). The adoptee keeps inheritance from former parents only if the decree provides (§2-117). A pending petition counts if the petitioner dies first (§2-116).
Challenging the decree
A petition to annul for fraud, duress or illegal procedures must be filed within one year of the decree (§9-315(1)). After one year the decree may not be questioned on any ground, subject to an appeal.
Suggested Compliance Checklist
Confirm a county where one of you lives
Before drafting days after startingIdentify the county or division where the adoptee resides or where the petitioners reside (18-C M.R.S. §9-104(2)). Nonresident petitioners may file (§9-301), so for an out of state adopter the adoptee's county is usually the one that works.
List every petitioner
Before drafting days after startingIf the adopting adult is married, the spouse joins as a petitioner, because §9-301 allows spouses to petition only jointly. In a stepparent case the adoptee's parent usually petitions alongside the stepparent.
Draft the sworn petition
Before filing days after startingInclude every item §9-303(1) lists, including the place and date of marriage of a married petitioner, the adoptee's birth name and any proposed new name, and the statement of intent to establish a parent and child relationship. Attorney review is available through DocDraft.
Draft the adoptee's written consent
Before the court date days after startingPrepare the written consent §9-302(1)(A) requires. Leave it unsigned: an adoptee 14 or older must execute the consent in the presence of the judge under §9-202(1), and a petition must be pending before a consent is executed.
File with the register of probate
Once the petition is signed days after startingFile the petition in the Probate Court for your county (§9-103(1)(A)) and pay the $65 petition fee under §9-301. Ask the register whether any criminal history record check fee is added for your adult petition.
Settle the decree wording
Before the decree issues days after startingDecide on the adoptee's new name for the decree (§9-308(3)) and whether the decree should preserve inheritance from the former parents, which §2-117 allows only if the decree provides. Then review wills and trusts in light of §2-705(5).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm a county where one of you lives | Identify the county or division where the adoptee resides or where the petitioners reside (18-C M.R.S. §9-104(2)). Nonresident petitioners may file (§9-301), so for an out of state adopter the adoptee's county is usually the one that works. | - | Before drafting |
| List every petitioner | If the adopting adult is married, the spouse joins as a petitioner, because §9-301 allows spouses to petition only jointly. In a stepparent case the adoptee's parent usually petitions alongside the stepparent. | - | Before drafting |
| Draft the sworn petition | Include every item §9-303(1) lists, including the place and date of marriage of a married petitioner, the adoptee's birth name and any proposed new name, and the statement of intent to establish a parent and child relationship. Attorney review is available through DocDraft. | - | Before filing |
| Draft the adoptee's written consent | Prepare the written consent §9-302(1)(A) requires. Leave it unsigned: an adoptee 14 or older must execute the consent in the presence of the judge under §9-202(1), and a petition must be pending before a consent is executed. | - | Before the court date |
| File with the register of probate | File the petition in the Probate Court for your county (§9-103(1)(A)) and pay the $65 petition fee under §9-301. Ask the register whether any criminal history record check fee is added for your adult petition. | - | Once the petition is signed |
| Settle the decree wording | Decide on the adoptee's new name for the decree (§9-308(3)) and whether the decree should preserve inheritance from the former parents, which §2-117 allows only if the decree provides. Then review wills and trusts in light of §2-705(5). | - | Before the decree issues |
Frequently Asked Questions
Other Maine guides
Adult Guardianship in Maine
Adverse Possession in Maine: Twenty Years, and Which Kind of Land It Is
Asset Protection Planning in Maine (2026)
Dealing With Debt Collectors in Maine (2026)
Delinquent Property Taxes in Maine: The Lien Forecloses By Itself, 18 Months After It Is Recorded
Expunging a Criminal Record in Maine (2026)
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