Adoption in Maine involves life-altering decisions, complex legal steps, and deeply personal emotions. Whether you're a birth parent considering options, a prospective adoptive family, or an adoptee seeking answers, understanding your legal rights is essential.

This guide explains the law in straightforward terms. You'll find clear answers, reliable information, and actionable steps to help you navigate the Maine adoption process.

Have questions or need legal guidance? Speak with a Maine adoption expert today

For Birth Mothers: Your Legal Rights

Adoption is a major decision, and it’s normal to have questions—especially about your rights and responsibilities under Maine law. This section covers the most important legal points for birth parents to understand.

If you need help or just want to talk things through, call 1-800-ADOPTION to speak with someone who can explain your options and offer guidance.

Can I choose adoption for my baby?

Yes. In Maine, you may choose adoption for your child, but legal consent cannot be given until after the child is born. Under Title 18-C § 9-202, a judge must review and approve your consent to confirm that it was made knowingly, voluntarily, and free from pressure or coercion.

This judicial review ensures your rights are protected and that your decision reflects careful, informed intent.

Relevant law: Title 18-C, §9-202

When can I place my baby for adoption?

You can begin planning for adoption at any time during your pregnancy. This may include working with an agency, choosing a prospective adoptive family, and preparing a hospital and placement plan.

However, under Maine law, legal consent to adoption cannot be given until at least 72 hours after birth. The consent must be executed in the presence of a judge and is not valid until five working days have passed.

Relevant law: Title 18-C, §9-202

Can I get my baby back after adoption?

In Maine, you may revoke your consent to adoption at any point before the court approves it. Once consent is reviewed and accepted by the court, the adoption becomes final and legally binding. However, a finalized adoption can be annulled within one year only in rare cases involving clear and convincing evidence of fraud, duress, or illegal procedures, as outlined in Title 18-C § 9-315.

After that one-year period, even challenges based on fraud or procedural issues are no longer permitted. If you have questions or uncertainties, it's important to speak with a qualified adoption professional or legal advisor before signing.

Relevant law: Title 18-C § 9-315

Do both birth parents have to sign adoption papers?

Yes, in most cases. Maine law generally requires that both legal parents provide written consent before an adoption can proceed. However, if one parent's rights have been previously terminated by the court or if that parent cannot be located despite documented, diligent efforts, the court may waive the requirement. Each case is evaluated individually to ensure compliance with state law and the best interest of the child.

Relevant law: Title 18-C §9-201

Can you do adoption without the father's consent?

Possibly. Under Maine law, a biological father's consent is not always required for adoption. If he hasn’t legally established paternity or failed to take timely action—such as registering with the Maine Putative Father Registry, providing support, or staying involved—the court may determine his consent isn’t necessary.

When the Department of Health and Human Services is involved, Maine also gives placement preference to adult relatives who meet safety standards. Each case is considered individually, with the child’s best interest as the deciding factor.

Relevant law: Title 22 § 4005-G

Can I get paid for adoption?

No. Maine law prohibits direct compensation for placing a child for adoption. However, birth parents may receive court-approved financial support to cover necessary, adoption-related expenses. These may include medical care, rent or housing, groceries, transportation, and legal or counseling services.

All expenses must be reasonable, documented, and submitted for judicial approval to ensure transparency and legal compliance.

Relevant law: Title 18-C §9-306

Can you choose who adopts your baby?

Yes. When working with a licensed agency in Maine, you have the right to choose the adoptive family for your baby. Agencies provide detailed family profiles that include lifestyle, values, parenting philosophies, and more.

If you’re comfortable, you can speak with or meet the family in advance to ensure the match feels right. This choice is entirely yours and can be guided by your goals for the future and the level of openness you want in the adoption.

Learn More

Can people from a different state adopt my baby?

Yes. Families from other states can adopt a child in Maine through the Interstate Compact on the Placement of Children (ICPC). This legal framework ensures that all interstate adoptions meet the laws of both states and that the child’s safety and well-being are protected throughout the process. All documentation and approvals must be completed before the child can be moved across state lines.

Relevant Laws: Title 22 Chapter 1154

Can I pursue adoption without using an agency?

Yes. Independent adoptions are legal in Maine and follow many of the same legal standards as agency adoptions. This includes obtaining legal representation, completing a home study through a licensed provider, and securing final approval from the court. These steps ensure the adoption is conducted ethically and in the child’s best interest.

Relevant Laws: Title 18-C  §9-201-205 and §9-304-309

Can my spouse adopt my child?

Yes. Stepparent adoptions are common in Maine and generally more streamlined than other types of adoption. If the noncustodial birth parent consents to the adoption or their parental rights have already been legally terminated, the process can proceed with fewer legal hurdles.

 In many cases, the court may waive certain requirements—such as the full home study—based on the child's existing relationship with the stepparent and the overall best interest of the child.

Relevant law: Title 18-C §9-301 & Title 18-C §9-304 

Can my family adopt my baby?

Yes. Kinship adoptions—when a relative adopts the child—are permitted under Maine law and are often prioritized by the Department of Health and Human Services. State law gives placement preference to adult relatives who meet child protection and safety standards.

Although the process may be more streamlined, it still requires parental consent, a formal court petition, and often a home study, unless waived by the court. The court ultimately approves the adoption based on whether it serves the child's best interest.

Relevant law: Title 18-C §9-304

Can I place my baby for adoption anonymously?

Yes. Closed adoptions are legal in Maine and provide a way to protect your privacy. In a closed adoption, your identifying information is sealed by court order and is not disclosed to the adoptive family or the child. These records remain confidential unless you later request to open them, or if both parties agree to future contact and the court approves access.

This approach offers lasting confidentiality while allowing for the possibility of contact if circumstances change.

Relevant law: Title 22 §2706-A 

Can I have contact with my child after the adoption?

Yes, if both parties agree to a Post-Adoption Contact Agreement (PACA). A PACA can outline forms of ongoing contact—like photos, updates, or occasional visits—based on mutual consent.

However, these agreements are not automatically enforceable in Maine. While the court may choose to uphold a PACA, this only occurs if it determines the agreement was made voluntarily and serves the child’s best interest at the time of review. Without court approval, PACAs are not legally binding.

Relevant law: Title 18-A §9

How does tribal adoption work for Native American children?

The Indian Child Welfare Act (ICWA) applies to adoptions involving children who are members of, or eligible for membership in, a federally recognized tribe.

ICWA requires that the child's tribe be notified and involved in the proceedings. It gives placement preference to extended family, other tribal members, or families approved by the tribe, and ensures that tribal sovereignty and cultural heritage are respected throughout the adoption process.

Relevant law: 25 USC Ch. 21 §1901–1963

Can I drop off my baby at a fire station?

Yes. Under Maine’s Safe Haven Act, a parent may legally and anonymously surrender an infant who is 31 days old or younger to a designated safe haven location—such as a hospital, fire station, or law enforcement facility. The infant must be handed directly to a staff member and be unharmed at the time of surrender.

When these conditions are met, there are no legal consequences for the parent. This law offers a secure and compassionate option for parents who are unable to care for a newborn and need an immediate, safe alternative.

Relevant law: Title 22, §4018

What rights do biological parents have after adoption?

Once an adoption is finalized in Maine, all legal rights and responsibilities of the biological parents are permanently terminated. If a continuing relationship is desired, it must be clearly defined in a Post-Adoption Contact Agreement (PACA) approved by the court. Without such an agreement in place, no legal contact is guaranteed.

Relevant law: Title 18-C §9-205

For Adoptive Families: Starting Your Family with Confidence

Adoption in Maine involves specific legal steps, and understanding the process helps you move forward with clarity. Whether you're pursuing a private, agency, or stepparent adoption, knowing the requirements matters.

If you need help, call 1-800-ADOPTION to speak with a specialist who can answer your questions and walk you through what’s next.

Do you have to be married to adopt?

No. In Maine, marital status does not affect your ability to adopt. Individuals may adopt whether they are single, married, or in a committed partnership. What matters most is the applicant’s ability to provide a safe, stable, and nurturing environment for a child. The court evaluates each case based on the prospective parent's readiness, home life, and capacity to meet the child’s long-term needs.

Relevant law: Title 18-C §9-301

How old do you have to be to adopt?

Maine law does not specify a minimum age to adopt. However, most licensed adoption professionals and agencies expect adoptive parents to be at least 21 years old. This age threshold serves as a general indicator of emotional maturity, financial independence, and readiness to take on the lifelong responsibilities of parenthood. Courts and agencies also assess overall stability and capacity to provide a safe, supportive home environment.

Relevant law: Title 18-C §9-301

Do you need a home study for a private adoption?

Yes. In Maine, all non-relative adoptions require a thorough home study performed by a licensed professional. This process involves home visits, background checks, personal interviews, and adoption-related education. The purpose is to ensure your home is safe, stable, and well-prepared to meet the long-term needs of an adopted child. A completed home study is also required for court approval and serves as a foundational step in the legal adoption process.

Relevant law: Title 18-C §9-304

Do you need a home study for an independent adoption?

Yes. In Maine, independent adoptions generally require a home study conducted by a licensed professional to evaluate the prospective adoptive home. However, the court may waive this requirement in specific circumstances, such as stepparent or certain kinship adoptions, if it determines that the home study is unnecessary for the child's best interest.

Relevant law: Title 18-C §9-304

Can you adopt without an agency?

Yes. In Maine, private adoptions can proceed without the involvement of a licensed agency, provided you have qualified legal representation and complete a home study through an approved provider. This route is often chosen in direct placements or when a birth parent and adoptive family already have a connection, but it still requires full legal compliance and court approval.

Relevant law: Various parts of Title 18-C §9

What are the steps to adopt?

Step 1: Choose your adoption path.

Maine offers several adoption options—agency, private, stepparent, or kinship adoption. Your circumstances and relationship to the child will determine the most appropriate route. Understanding the differences early on helps you take the next steps with clarity.

Learn more

Step 2: Complete a home study.

This evaluation is required in nearly all adoption cases in Maine and must be conducted by a licensed provider. It includes home visits, background checks, personal interviews, and education on adoptive parenting. The home study ensures your household is safe, stable, and ready to meet the long-term needs of a child.

Learn more

Step 3: Match with a birth parent or be selected.

This stage varies based on your adoption type. In agency and private adoptions, birth parents typically review adoptive family profiles and choose a match based on alignment in values, lifestyle, and openness preferences. In other cases, an adoption professional may assist in making the match. Communication expectations and contact preferences are often established during this phase.

Learn more

Step 4: Obtain consent and file legal petition.

Once a match is established, the birth parents must provide formal consent in accordance with Maine law. The adoptive parents, typically through their attorney, will then file a legal petition with the probate court to begin the formal adoption process. This petition includes the necessary documentation and seeks judicial approval for the placement, ensuring the adoption moves forward with full legal authority.

Relevant Law: Title 18-C §9-303

Step 5: Complete post-placement supervision.

Following placement, a licensed social worker or agency representative will visit your home to observe how the child is adjusting and confirm that the placement remains safe and appropriate. This period typically spans several months and includes written reports submitted to the court to support finalization.

Learn more

Step 6: Finalize in court and receive an adoption decree.

After post-placement supervision is completed and the necessary reports are submitted, a final hearing will be scheduled in the Maine probate court. During this hearing, the judge will review the case, verify that all legal requirements have been satisfied, and issue a formal decree of adoption. This legal document confirms that the adoptive parents now have full parental rights and marks the official completion of the adoption process.

Relevant Law: Title 18-C §9-308

Can you adopt a child from another state?

Yes. If you are adopting a child from another state, you must follow the Interstate Compact on the Placement of Children (ICPC). This ensures that the adoption complies with the laws of both states and that all required approvals are obtained before the child is transported. ICPC protects the rights of the child and ensures the placement is legal, safe, and fully documented.

Relevant law: Title 22, Chapter 1153 

Can we advertise for a birth mother?

Only licensed adoption professionals—such as certified agencies or attorneys—are legally permitted to advertise for adoption opportunities in Maine. Attempting to advertise without proper credentials can violate state law and may result in legal consequences. Always consult with a licensed professional before pursuing any form of outreach.

Relevant law: Title 18-C §9-313

Can a birth father stop an adoption?

Yes. If the birth father has legally established paternity and demonstrates a clear intent to parent—such as providing support or participating in planning—the court will consider his rights. However, the final decision is based on the child’s best interest, and the court evaluates the father’s involvement, stability, and ability to meet the child's needs.

Relevant law: Title 18-C §9-201

What if birth parents don’t sign consent?

In Maine, courts may pursue involuntary termination of parental rights only under specific and serious legal grounds—such as chronic neglect, abandonment, unfitness, or a failure to maintain parental contact and responsibility over time. The court must determine that termination is necessary to serve the child’s best interest and that rehabilitation or reunification is not feasible.

Relevant law: Title 22 §4055

When is an adoption finalized?

Adoption finalization in Maine usually occurs about six months after placement, once all post-placement visits and reports have been completed. At the final hearing, the judge reviews the case file to confirm compliance with all legal requirements and then issues the adoption decree, which formally establishes the adoptive parents’ legal rights.

Relevant law: Title 18-C §9-308

Can birth mothers change their minds?

You may change your mind about adoption at any point before the court accepts your legal consent. Once consent is reviewed and approved by the court under Maine law, it becomes final and legally binding. After that point, revocation is only possible in limited circumstances, such as cases involving fraud, coercion, or lack of informed consent.

Relevant law: Title 18-C §9-201

Are adoptive parents listed on the birth certificate?

Yes. After the adoption is finalized, the Maine Office of Vital Records issues a new birth certificate listing the adoptive parents as the legal parents. The original birth certificate is sealed and can only be accessed later through a court order or mutual consent process, depending on the circumstances.

Relevant law: Title 18-C §9-309

What legal rights do adoptive parents have?

Adoptive parents in Maine receive full legal parental rights upon finalization, equal to those of biological parents. This includes the right to make medical, educational, and legal decisions, full custodial authority, and the establishment of inheritance and family law rights under state law.

Relevant law: Title 18-C §9-308 – Decree of Adoption

Are open adoptions legally enforceable?

Post-Adoption Contact Agreements (PACAs) may be legally enforceable in Maine if the court approves them. Enforceability depends on the specific terms of the agreement, whether it was entered into voluntarily, and whether continued contact is deemed to be in the child’s best interest at the time of enforcement.

Relevant law: Title 18-C §9-306

Does ICWA apply to private adoptions?

Yes. The Indian Child Welfare Act (ICWA) applies to all adoptions involving children who are members of, or eligible for membership in, a federally recognized tribe. ICWA requires notice to the child’s tribe, provides placement preferences for extended family or tribal members, and ensures that cultural identity and tribal sovereignty are protected throughout the adoption process.

Relevant law: 25 USC Ch. 21 §1901–1963

What support is available after adoption?

Adoptive families in Maine have access to a range of post-adoption support services designed to promote long-term stability and well-being.

These include family counseling to support adjustment and strengthen parent-child relationships, access to the child's medical and background history for informed healthcare and planning, and financial assistance for children who qualify—particularly those with special needs—through state-funded adoption subsidies.

In addition, adoptive families can benefit from community-based peer support networks and educational programs that offer connection, resources, and practical guidance over time. Learn more here.

For Adoptees: Understanding Your Story

Adoptees in Maine can request access to their adoption records through the Department of Health and Human Services. Eligibility depends on the adoption type and whether contact consent is on file.

Support is available for those exploring their background or considering reunification.

Start exploring your adoption history here

What’s Next?

Understanding adoption law helps you make confident, informed decisions. Whether you’re exploring your options or ready to begin, the right information is your best first step.

Have more questions? Schedule a Consultation or connect with a trusted Maine adoption resource.

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