Can I adopt my stepchild if I'm in a same-sex marriage in Maine?

Yes, if you are married to your stepchild's parent, you can petition the Maine Probate Court to adopt your stepchild. Maine's adoption statute, 18-C M.R.S. § 9-301, allows "Spouses or unmarried persons jointly or an unmarried person" to petition, and the steps below are the ones that apply to your marriage.

Where you file: Stepparent adoptions are filed in the Probate Court. Maine has 16 counties, and your documents are prepared for the one where you file. Your Probate Court clerk can confirm local filing details and the filing fee.

What the process involves:

• Residency: Maine sets no minimum residency period (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).
• The other legal parent: The other parent's consent is the usual route. Where a parent has abandoned the child, Maine looks to a 6-month period (18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A)).
• Home study: The home study is waived for stepparent adoptions (18-C M.R.S. § 9-304).
• Timeline: Stepparent adoptions in Maine typically take 3-6 months.

Where your situation may need individual attention: Some family situations depend on specific facts. Examples are a second legal parent who is listed on the child's records, a birth parent whose whereabouts are unknown, or a parent who objects. Maine law on those points should be confirmed with the Probate Court clerk in your county or with a family law attorney, who can look at your particular circumstances. Questions about the child's birth record after the adoption can go to the Maine Office of Vital Records.

What stays the same for you: Maine's requirements are written around the marriage, the consents, the child's age and the court. The same documents are prepared for every married couple. Your marriage is the foundation of your petition.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Maine county. You then file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions. We back every package with a 100% court acceptance guarantee. We have helped 151 Maine families, and more than 34,000 families nationally since 2001.