One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Maine?

Possibly, yes: one father's refusal does not by itself decide the question for both children, but whether you can adopt the child whose father won't consent depends on that father's specific facts, and may need the Probate Court to decide. In Maine, each child's adoption turns on that child's own legal parents, so the two fathers are looked at separately.

The child whose father consents. With his written consent, this adoption is the more straightforward of the two. You file in the Probate Court in your county (Maine has 16 counties). Maine sets no minimum residency period for the petition under 18-C M.R.S. § 9-301, and the home study is waived under 18-C M.R.S. § 9-304. Stepparent adoptions in Maine typically take about 3-6 months.

The child whose father does not consent. A "no" is not necessarily the end of the road, but it changes the path. Maine's abandonment provisions, found at 18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A), use a period of 6 months. Whether this father's situation fits depends on what has actually happened: contact, support, and the history between him and your stepchild. If he actively objects, the matter may become contested. For a contested case, speak with an attorney or the Probate Court clerk in your county about that specific issue. We cannot tell you how a judge would see it.

Children who are 12 or older. Under 18-C M.R.S. § 9-302, a child who is 12 or older must consent to their own adoption. If either stepchild is that age, their agreement is a separate step from their father's.

Filing both together. Many stepparents want to adopt siblings at the same time. Whether the court wants one petition or two, and whether a dispute over one child could slow down the other, are questions for the Probate Court clerk or an attorney. If the timing matters to your family, ask the clerk before you file, and ask about the filing fee, which the clerk can confirm.

Questions to think through now:

• When did each father last have contact with the child or provide support?
• Has the non-consenting father said he objects, or has he simply been unreachable?
• How old is each child, and are they willing to be adopted?
• Do you have records, such as messages, court orders or support history, that show the real picture?

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. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. The price is $349 for the first child and $99 for each additional child. We have helped 151 Maine families, and more than 34,000 families nationwide since 2001. If your case becomes contested, we recommend consulting an attorney for that part.