The man on my child's birth certificate is not the biological father — how does this affect adoption in Maine?

Whether the man on your child's birth certificate counts as a legal parent in your Maine adoption, even though he is not the biological father, depends on the facts of your family. The Probate Court clerk in your county or an attorney should confirm it for your situation. Here is what we can tell you about how the process works.

Where your case is filed: Stepparent adoption petitions in Maine go to the Probate Court in your county. Maine has 16 counties, and the clerk can tell you which court handles your filing and what the filing fee is.

Who must be addressed: Maine's adoption statute, Title 18-C, Article 9, sets out whose consent is needed and when a parent's rights may be addressed through abandonment. How those rules apply to a man whose name is on the birth certificate but who is not the biological father, or to a biological father who is not on it, is a fact-specific question. Don't assume the answer either way. Ask the Probate Court clerk or an attorney, especially if:

• the man on the certificate has been involved in your child's life, or has not
• the biological father is known, unknown, or has been in contact
• anyone might oppose the adoption

Abandonment: Maine's abandonment provisions use a six-month period (18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A)). If a parent has had no involvement with your child, this is where to start. Whether it applies to your circumstances is something the court decides on the facts, so have the clerk or an attorney review your situation.

What stays the same no matter whose name is on the certificate:

• Residency: Maine has no minimum residency period for a petitioner (18-C M.R.S. § 9-301).
• Your child's consent: A child who is 12 or older must consent to the adoption (18-C M.R.S. § 9-302).
• Home study: It is waived in stepparent adoptions (18-C M.R.S. § 9-304).
• Timeline: Stepparent adoptions in Maine typically take 3-6 months.

Your child's records: The Maine Office of Vital Records is the agency that handles birth certificates. A copy of your child's current certificate is a useful document to have ready when you prepare your petition, and it shows the court exactly whose name is listed.

What to do next: Before filing, write down the full picture: who is on the certificate, who the biological father is if you know, and when each last had contact with your child. Whether you file on your own or with a lawyer's help, bring that summary to the Probate Court clerk or an attorney so they can tell you how to handle each person. If anyone is likely to contest the adoption, or you don't know who the biological father is, an attorney should look at your case.

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, which you file yourself without an attorney. The price 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, and they come with a 100% court acceptance guarantee.