Stepparent Adoption in Maine
Reviewed by DocDraft Legal Team - Maine - Last updated October 6, 2026
In Maine a stepparent and the spouse who is the child's parent petition jointly in the Probate Court of the county where the child or the petitioners live, using Form AD-001, Petition for Adoption and Change of Name, under 18-C M.R.S. 9-301 and 9-104(2). Maine has no consent bypass: each living parent must consent in writing under 9-302, or that parent's rights must be terminated under 9-204, usually through Form AD-012 filed as part of the adoption petition. Without the parent's written consent to termination, the court must find, after service and a hearing, by clear and convincing evidence that termination is in the child's best interest and that the parent is unwilling or unable to protect the child from jeopardy, with circumstances unlikely to change, or to take responsibility for the child, in either case within a time reasonably calculated to meet the child's needs, or that the parent abandoned the child. A child 12 years of age or older must consent in writing, and the court may waive the home study for a parent's spouse.
Find out where you stand in Maine
Where are you with adopting your stepchild?
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How are the other parent's rights ended in a Maine stepparent adoption?
Without consent, 18-C M.R.S. 9-204 requires service, a hearing, and clear and convincing evidence that termination is in the child's best interest and that the parent abandoned the child or, within a time reasonably calculated to meet the child's needs, is unwilling or unable to take responsibility or to protect the child from jeopardy in circumstances unlikely to change.
Which court and which form are used for a stepparent adoption in Maine?
You file in the Probate Court of the county where the child or you and your spouse live, under 18-C M.R.S. 9-104(2). The statewide petition is Form AD-001, Petition for Adoption and Change of Name. If the other parent will not consent, Form AD-012 asks the court to terminate that parent's rights as part of the adoption petition.
Is a home study required for a stepparent adoption in Maine?
Not always. 18-C M.R.S. 9-304(1) has the court direct a study and report on filing, but the court may waive it when the petitioner is the spouse or domestic partner of the child's parent. The court still requests a state and FBI background check for the stepparent, though not for the petitioning parent.
At what age must the child consent to a stepparent adoption in Maine?
Under 18-C M.R.S. 9-302(1)(A), a child 12 years of age or older must give written consent, usually on Form AD-004, and the statute states no waiver. Section 9-305(1) also requires the judge to interview a child 12 or older outside your presence about the child's wishes, and 9-202(1) has a child 14 or older sign before the judge.
Maine's termination route, the Probate Court, and Form AD-001
Under 18-C M.R.S. 9-103(1), the Probate Court has exclusive jurisdiction over adoption petitions and over termination petitions brought under 9-204, unless the child is already under the District Court's exclusive jurisdiction under Title 4, section 152, subsection 5-A. A married stepparent petitions jointly with the spouse who is the child's parent (9-301), in the county where the child or the petitioners reside (9-104(2)), on the statewide Form AD-001, Petition for Adoption and Change of Name, published by the Maine Probate Courts. Each living parent must give written consent under 9-302(1)(B), signed before a judge under 9-202(1). Maine has no route that simply excuses a living parent's consent. Instead, 9-302(2)(B) drops the consent of a parent whose rights have been terminated, and 9-204(1) lets the termination petition, usually Form AD-012, be filed as part of the adoption petition, though not in one brought solely by the child's other parent. The court may terminate if the parent consents in writing before a judge, or if it finds by clear and convincing evidence that termination is in the child's best interest and that the parent (a) is unwilling or unable to protect the child from jeopardy and these circumstances are unlikely to change within a time reasonably calculated to meet the child's needs, (b) has been unwilling or unable to take responsibility for the child within such a time, or (c) has abandoned the child. Abandonment under 22 M.R.S. 4002(1-A) means conduct showing an intent to forego parental duties or relinquish parental claims, which may be evidenced by, for example, failure for at least 6 months to communicate meaningfully with the child or to maintain regular visitation. The petition and hearing notice must be served on the parent at least 10 days before the hearing (22 M.R.S. 4053). Under 9-304(1), the court may waive the study and report for a parent's spouse, but a background check of the stepparent is still requested. A child 12 years of age or older must consent in writing under 9-302(1)(A).
Relevant Laws
18-C M.R.S. 9-302 (Consent for adoption)
Requires written consent from the adoptee if 12 years of age or older and from each of the adoptee's living parents. Subsection 2 lists who need not consent, including a parent whose parental rights have been terminated under Title 22, chapter 1071, subchapter 6, and a parent who executed a surrender and release.
18-C M.R.S. 9-204 (Termination of parental rights)
Lets a termination petition be brought as part of a properly filed adoption petition, though not one brought solely by the child's other parent. The court may terminate on the parent's written consent before a judge, or on clear and convincing evidence that termination is in the child's best interest and that the parent is unwilling or unable to protect the child from jeopardy, with circumstances unlikely to change, or to take responsibility for the child, within a time reasonably calculated to meet the child's needs, or has abandoned the child as described in 22 M.R.S. 4002(1-A).
18-C M.R.S. 9-304 (Investigation; background check; study and report)
On filing, the court requests a background check of each adopting person who is not a parent of the child and directs a study and report, due within 60 days. The court may waive the study and report if the petitioner is a relative of the child or the spouse or domestic partner of the child's parent.
Maine Probate Courts adoption forms (AD-001, AD-005, AD-012)
Statewide probate forms, including AD-001 Petition for Adoption and Change of Name, AD-004 Consent of Person to be Adopted, AD-005 Consent of Parent to Adoption, AD-007 Confidential Statement, AD-012 Petition to Terminate Parental Rights in an Adoption Matter, and AD-029 Statement Regarding Tribal Affiliation.
Regional Variances
Maine stepparent adoption requirements
Court
Probate Court (exclusive jurisdiction under 18-C M.R.S. 9-103(1)), in the county where the adoptee resides or the petitioners reside (9-104(2)). The District Court hears the case instead if the child is under its exclusive jurisdiction under Title 4, section 152, subsection 5-A (9-103(2)).
Petition form
Form AD-001, Petition for Adoption and Change of Name (Rev. 03/26), a general adoption petition filed jointly by the stepparent and spouse. Form AD-012, Petition to Terminate Parental Rights in an Adoption Matter, when the other parent does not consent. Filing fee $65 plus criminal history check fees (9-301).
Other parent's consent
Written consent from each living parent (9-302(1)(B)), executed before a judge (9-202(1)) on Form AD-005, or AD-006 outside Maine. A non-petitioning parent's consent is not valid until 5 working days after signing (9-202(4)).
Proceeding without consent
No consent bypass. The parent's rights must be terminated under 9-204, filed as part of the adoption petition, with service at least 10 days before a hearing (22 M.R.S. 4053). Grounds: the parent's written consent before a judge, OR clear and convincing evidence that termination is in the child's best interest AND the parent is unwilling or unable to protect the child from jeopardy (circumstances unlikely to change) or to take responsibility, within a time reasonably calculated to meet the child's needs, or abandoned the child (22 M.R.S. 4002(1-A); may be evidenced by at least 6 months without meaningful communication or regular visitation).
Home study
Study and report directed on filing, due within 60 days; the court may waive it when the petitioner is the spouse or domestic partner of the child's parent (9-304(1)(A)(2)). A state and FBI background check is requested for the stepparent, not the petitioning parent (9-304(1)(B)).
Residency or waiting period
Residents and nonresidents may petition (9-301). Ask the Probate Court register whether any waiting period applies before the decree.
Child's consent age
12 years of age or older, in writing (9-302(1)(A)); no waiver is stated. The judge must interview a child 12 or older outside the petitioners' presence (9-305(1)), and a child 14 or older signs before the judge (9-202(1)).
Suggested Compliance Checklist
Decide the route for the other parent's rights
Before filing days after startingAsk the other parent to consent before a judge on Form AD-005 or to consent to termination. If they will not, a 9-204 termination needs clear and convincing evidence that termination is in the child's best interest and that the parent abandoned the child, or is unwilling or unable to protect the child from jeopardy (with circumstances unlikely to change) or to take responsibility, within a time reasonably calculated to meet the child's needs. Gather contact, visitation and support records for the required affidavit, and plan service at least 10 days before the hearing.
File Form AD-001 with the Probate Court
At filing days after startingFile the joint Form AD-001 in the Probate Court of the county where the child or you live, with the certified birth record, Form AD-007, DHHS Form VS-9, any AD-012 termination petition, and the $65 fee plus criminal history check fees.
Complete the background check and any study
Soon after filing; any study report is due within 60 days days after startingProvide fingerprints for the stepparent's state and FBI background check under 18-C M.R.S. 9-304(1)(B). Ask the court whether it will waive the study and report for a parent's spouse; if not, the department or agency report is due within 60 days.
Gather the written consents
Before the hearing days after startingCollect your spouse's consent, the other parent's consent unless that parent's rights are terminated, and Form AD-004 from a child 12 years of age or older. Confirm with the Probate Court register how and before which judge each consent will be signed.
Confirm the child's new name and update records
After the final decree days after startingForm AD-001 asks the court to change the child's name to the proposed new name you list, and the decree includes it. Order certified copies of the decree for schools, Social Security and passports while the new birth certificate is issued. A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the route for the other parent's rights | Ask the other parent to consent before a judge on Form AD-005 or to consent to termination. If they will not, a 9-204 termination needs clear and convincing evidence that termination is in the child's best interest and that the parent abandoned the child, or is unwilling or unable to protect the child from jeopardy (with circumstances unlikely to change) or to take responsibility, within a time reasonably calculated to meet the child's needs. Gather contact, visitation and support records for the required affidavit, and plan service at least 10 days before the hearing. | - | Before filing |
| File Form AD-001 with the Probate Court | File the joint Form AD-001 in the Probate Court of the county where the child or you live, with the certified birth record, Form AD-007, DHHS Form VS-9, any AD-012 termination petition, and the $65 fee plus criminal history check fees. | - | At filing |
| Complete the background check and any study | Provide fingerprints for the stepparent's state and FBI background check under 18-C M.R.S. 9-304(1)(B). Ask the court whether it will waive the study and report for a parent's spouse; if not, the department or agency report is due within 60 days. | - | Soon after filing; any study report is due within 60 days |
| Gather the written consents | Collect your spouse's consent, the other parent's consent unless that parent's rights are terminated, and Form AD-004 from a child 12 years of age or older. Confirm with the Probate Court register how and before which judge each consent will be signed. | - | Before the hearing |
| Confirm the child's new name and update records | Form AD-001 asks the court to change the child's name to the proposed new name you list, and the decree includes it. Order certified copies of the decree for schools, Social Security and passports while the new birth certificate is issued. A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the final decree |
Frequently Asked Questions
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