What if the biological father refuses to consent to adoption in Maine?

In Maine, a biological father's refusal to consent does not automatically end a stepparent adoption, because the law also looks at whether he has abandoned the child, and Maine measures abandonment over a period of 6 months. What happens in your situation depends on the facts, so here is how the pieces fit together.

Abandonment is the key question. Maine's abandonment period is 6 months (18-C M.R.S. § 9-204; 22 M.R.S. § 4002(1-A)). If the father has had no contact with your child and has provided no support for that long, abandonment is what the Probate Court will look at, rather than only whether he signed a consent form. Whether the facts in your case meet that standard is for the court to decide.

Facts that tend to matter. Think about these questions and gather any records that answer them:

• When did he last see your child?
• When did he last call, write or otherwise communicate?
• Has he paid any support or given gifts?
• Do you have messages, payment records or court orders that show the history?

No separate termination case. Maine does not treat termination of parental rights as its own separate court step for a stepparent adoption. Your request goes to the Probate Court in your county as part of the adoption petition. Maine has 16 counties, and the clerk of your county's Probate Court can tell you about local procedures and filing fees.

If he actively objects. A father who is involved in your child's life and fights the adoption creates a contested situation. How a court handles that depends heavily on the specific facts, so talk with an attorney about it, and ask the Probate Court clerk about the process in your county. A contested case may also take longer than the usual stepparent timeline of 3-6 months in Maine.

Your child's own consent. Separate from the father's consent, Maine sets a child consent age of 12 (18-C M.R.S. § 9-302). If your child is 12 or older, their consent is part of the picture.

Other Maine basics.

• There is no minimum residency period before you can file (18-C M.R.S. § 9-301).
• The home study is waived for stepparent adoptions (18-C M.R.S. § 9-304).

What to do next.

• Write down a timeline of the father's contact and support.
• Keep any proof, such as texts, emails, and records of missed visits or payments.
• Ask the Probate Court clerk in your county how they handle a non-consenting parent.
• Consider a short consultation with a Maine family attorney if you expect him to contest.

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, ready within 24-48 hours after you finish the questions. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and we back our work with a 100% court acceptance guarantee. We have helped 151 Maine families and more than 34,000 families nationally since 2001.