We divorced and remarried — can my spouse adopt my child now in Maine?

Yes, if you are now married to your child's parent, you can ask the Maine Probate Court to approve a stepparent adoption. Maine allows spouses to petition jointly (18-C M.R.S. § 9-301). How your earlier divorce fits into your particular case is a fact question, so the Probate Court clerk in your county can confirm it.

What this means for your family:

• Where you file: The Probate Court in your Maine county. Maine has 16 counties, and each has its own court.
• Residency: Maine has no minimum residency period (18-C M.R.S. § 9-301). Petitioners may be residents or nonresidents of the state.
• 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.

Consent:

• Your child: If your child is 12 or older, their consent is required (18-C M.R.S. § 9-302). If your child is younger, that requirement does not apply.
• The other legal parent: If your child's other parent is still in the picture, their consent is an important question. If they have been absent, Maine's abandonment provisions use a period of 6 months (18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A)). Whether a particular situation qualifies depends on the facts. If the other parent is unknown, unreachable or likely to object, talk to the Probate Court clerk or an attorney about your specific circumstances.

Your divorce and remarriage: Your history as a couple is part of your family's story. The details that matter in court are who your child's legal parents are, who must consent, and the facts about the other parent. If you were divorced from your current spouse, the child's other parent is whoever is legally the child's other parent, and your situation should be reviewed with that in mind. Because every family's history is different, confirm any questions about how your divorce and remarriage appear in the paperwork with the clerk.

Court costs: The Probate Court sets its own filing fees, so the clerk in your county can tell you the current amount.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.