CHAPTER 239
S.P. 257 - L.D. 826
An Act to Amend the Adoption Laws Relating to Consent and Forms for Surrender and Release
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA �9-104, sub-�(b), as enacted by PL 1995, c. 694, Pt. C, �7 and affected by Pt. E, �2, is amended to read:
(b) If the adoptee is not placed by a licensed child-placing agency or the department, the petition for adoption must be filed in the county where the adoptee resides, or where the petitioners reside or where the consent has been filed.
Sec. 2. 18-A MRSA �9-202, sub-�(a), as enacted by PL 1995, c. 694, Pt. C, �7 and affected by Pt. E, �2, is amended to read:
(a) With the approval of the judge of probate of any county within the State and after a determination by the judge that a surrender and release or a consent is in the best interest of the child, the parents or surviving parent of a child may at any time after the child's birth:
(1) Surrender and release all parental rights to the child and the custody and control of the child to a licensed child-placing agency or the department to enable the licensed child-placing agency or the department to have the child adopted by a suitable person; or
(2) Consent to have the child adopted by a specified petitioner.
The parents or the surviving parent must execute the surrender and release or the consent in the presence of the judge. The adoptee, if 14 years of age or older, must execute the consent in the presence of the judge. The waiver of notice by the legal father who is not the biological father or putative father is governed by section 9-201, subsection (c).
Sec. 3. 18-A MRSA �9-202, sub-�(c), as enacted by PL 1995, c. 694, Pt. C, �7 and affected by Pt. E, �2, is amended to read:
(c) The consent or the surrender and release must be executed in duplicate. One The original consent or surrender and release must be filed in the Probate Court where the consent or the surrender and release is executed. The other original An attested copy of the consent or surrender and release must be filed in the Probate Court in which the petition is filed. The court in which the consent or the surrender and release is executed shall provide an attested copy to each consenting or surrendering party and 2 an attested copies copy to the transferee transferring agency, the adoptive parents' attorney or the adoptive parents. The copy given to the consenting or surrendering party must contain a statement explaining the importance of keeping the court informed of a current name and address.
Sec. 4. 18-A MRSA �9-302, sub-�(a), as enacted by PL 1995, c. 694, Pt. C, �7 and affected by Pt. E, �2, is amended to read:
(a) Before an adoption is granted, written consent to the adoption must be given by:
(1) The adoptee, if the adoptee is 14 years of age or older;
(2) Each of the adoptee's living parents, except as provided in subsection (b);
(3) The person or agency having legal custody or guardianship of the child or to whom the child has been surrendered and released, except that the person's or agency's lack of consent, if adjudged unreasonable by a judge of probate, may be overruled by the judge. In order for the judge to find that the person or agency acted unreasonably in withholding consent, the petitioner must prove, by a preponderance of the evidence, that the person or agency acted unreasonably. The court may hold a pretrial conference to determine who will proceed. The court may determine that even though the burden of proof is on the petitioner, the person or agency should proceed if the person or agency has important facts necessary to the petitioner in presenting the petitioner's case. The judge shall consider the following:
(i) Whether the person or agency determined the needs and interests of the child;
(ii) Whether the person or agency determined the ability of the petitioner and other prospective families to meet the child's needs;
(iii) Whether the person or agency made the decision consistent with the facts;
(iv) Whether the harm of removing the child from the child's current placement outweighs any inadequacies of that placement; and
(v) All other factors that have a bearing on a determination of the reasonableness of the person's or agency's decision in withholding consent; and
(4) A guardian appointed by the court, if the adoptee is a child, when the child has no living parent, guardian or legal custodian who may consent.
A petition for adoption must be pending before a consent is executed.
Sec. 5. 18-A MRSA �9-304, sub-�(a), as enacted by PL 1995, c. 694, Pt. C, �7 and affected by Pt. E, �2, is amended to read:
(a) Upon the filing of a petition for adoption of a minor child, when a petitioner is not a blood relative of the child, the court shall notify direct the department or a licensed child-placing agency, which shall investigate to conduct a study and make a report to the court. The study must include an investigation of the conditions and antecedents of the child to determine whether the child is a proper subject for adoption and whether the proposed home is suitable for the child. The department or agency shall submit the report to the court within 60 days. The court may order an adoption study, investigation and home study if a petitioner is a blood relative of the child.
(1) If the court has a report that provides sufficient, current information, the court may waive the requirement of a study and report.
(2) If the petitioner is a blood relative of the child, the court may waive the requirement of a study and report.
Sec. 6. Effective date. This Act takes effect October 1, 1997.
Effective October 1, 1997.
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