Can I adopt my stepchild if there is a restraining order against the biological parent in Maine?

A stepparent adoption in Maine is filed in the Probate Court, and whether a restraining order against the biological parent changes your case depends on your facts. The Probate Court clerk in your county, or an attorney, can confirm that for you.

What a restraining order does and doesn't answer. Maine's adoption rules are in Maine Revised Statutes Title 18-C, Article 9. The Probate Court has exclusive jurisdiction over adoption petitions, subject to District Court jurisdiction in child-protection matters. A protective order is a separate court order, and how it interacts with the biological parent's consent, with notice of your petition, or with your timeline is a question for the clerk or an attorney. This is especially true if the case is contested or you don't know where the other parent is. Please don't assume either way.

Maine rules that apply to your situation:

• Residency: Maine has no minimum residency period. A petitioner may be a resident or nonresident of the State (18-C M.R.S. § 9-301).
• Where to file: Maine has 16 counties. Your county's Probate Court clerk can tell you about local filing procedures and the current court filing fee.
• Child's consent: A child who is 12 or older must consent to the adoption (18-C M.R.S. § 9-302).
• Abandonment: Maine refers to a 6-month period (18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A)). Whether your circumstances fit that standard, and whether a restraining order plays any part, is a point to confirm with the clerk or an attorney.
• Home study: Maine waives the home study for stepparent adoptions (18-C M.R.S. § 9-304).
• Timeline: Stepparent adoptions in Maine typically take 3-6 months.

Your safety and peace of mind. A restraining order usually means there have been serious concerns, and it is natural to worry about how the biological parent will react to an adoption petition. If you have safety concerns about any step of the process, talk with an attorney, a victim advocate, or local law enforcement about your specific situation. Ask the Probate Court clerk how your county handles the steps involving the other parent, so you know what to expect before you file.

Questions worth asking the clerk or an attorney:

• Does the restraining order affect how the biological parent is notified of your petition?
• Does it matter to the court's decision on the biological parent's rights?
• Is the 6-month abandonment period relevant to your facts?
• Are there any additional steps if the other parent's location is unknown or the parent contests the adoption?

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 county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and your court-ready documents arrive within 24-48 hours after you finish the questions. We back the package with a 100% court acceptance guarantee, and we have helped 151 Maine families.