Can I adopt my special needs stepchild in Maine?

Yes, you can petition to adopt your stepchild in Maine, and the petition is filed in the Probate Court. How your child's special needs affect any particular detail is worth confirming with the Probate Court clerk in your county.

What Maine law says for a stepparent adoption:

• Court: The Probate Court has exclusive jurisdiction over adoption petitions, subject to District Court jurisdiction in child-protection matters. Maine has 16 counties, and your petition is filed in your county's Probate Court.
• Residency: Maine has no minimum residency period (18-C M.R.S. § 9-301). A petitioner may be a resident or nonresident of the State.
• Who petitions: The statute allows spouses or unmarried persons to petition jointly, or an unmarried person to petition alone (18-C M.R.S. § 9-301).
• Child's consent: A child who is 12 or older must consent (18-C M.R.S. § 9-302). If your child's disability affects how that consent is given, ask the clerk or an attorney how the court handles it.
• Home study: It is waived in stepparent adoptions (18-C M.R.S. § 9-304).
• Abandonment: Maine's abandonment period is 6 months (18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A)). If the other parent's consent is in question, or that parent cannot be located, the outcome depends on your facts. Please speak with the clerk or an attorney about your situation.
• Timeline: Stepparent adoptions in Maine run about 3-6 months.

Fees and benefits: The Probate Court clerk can tell you the current filing fee. If your child receives disability benefits or has special medical coverage, check with the agency that administers each benefit before you file, so you understand how an adoption could affect it.

If your stepchild is an adult with a disability: Maine allows a petition "to adopt a person, regardless of age." There is no relationship, disability or age-gap condition. For an adult adoptee:

• Consent: The adoptee must consent (18-C M.R.S. § 9-302(1)(A), (2)(E)). The adoptee's parents do not need to consent when the adoptee is 18 or older.
• Spouse: A married adopter petitions jointly with their spouse (18-C M.R.S. § 9-301).
• Residency and home study: Neither is required. The home study and background-check requirement apply to petitions for a minor child (18-C M.R.S. § 9-304(1)).
• **Hear