Adoption Consent Form - Maine

PARENTAL CONSENT TO ADOPTION

State of Maine
Probate Court, County of [____________________]
Court Docket No.: ___________________

TABLE OF CONTENTS

1. Document Header ............................................... 2
2. Definitions ....................................................... 3
3. Operative Provisions ........................................ 4
4. Representations & Warranties .......................... 6
5. Covenants & Continuing Obligations .................. 7
6. Default & Remedies ......................................... 8
7. Dispute Resolution ............................................ 9
8. General Provisions ............................................ 9
9. Execution & Acknowledgments .......................... 11

1. DOCUMENT HEADER

Parental Consent to Adoption (the “Consent”) made effective as of [EFFECTIVE DATE] (the “Effective Date”) by the undersigned natural parent(s) of the minor child identified below.

A. Child: [CHILD’S FULL LEGAL NAME], born [DOB] at [PLACE OF BIRTH] (the “Child”).
B. Birth Parent(s):

1. [BIRTH MOTHER FULL LEGAL NAME], residing at [ADDRESS] (“Birth Mother”);
 2. [BIRTH FATHER FULL LEGAL NAME] (if applicable), residing at [ADDRESS] (“Birth Father”).
C. Prospective Adoptive Parent(s): [ADOPTIVE PARENT(S) FULL LEGAL NAME(S)], residing at [ADDRESS] (“Prospective Adoptive Parent(s)”).

Recitals
WHEREAS, the Birth Parent(s) are the legal parent(s) of the Child;
WHEREAS, the Prospective Adoptive Parent(s) desire to adopt the Child pursuant to 18-C M.R.S.A. art. 9 (the “Maine Adoption Act”);
WHEREAS, 18-C M.R.S. § 9-202 requires an individual parent to execute consent in the presence of a judge at least seventy-two (72) hours after the Child's birth and provides a limited revocation period before court approval; and
WHEREAS, a petition for adoption must be pending before consent is executed under 18-C M.R.S. § 9-302(1);

NOW, THEREFORE, the Birth Parent(s) hereby consent as follows.

2. DEFINITIONS

For purposes of this Consent, capitalized terms have the meanings set forth below:

“Adoption Act” means Title 18-C of the Maine Revised Statutes, Article 9, as amended.

“Child” has the meaning stated in Section 1(A).

“Consent Execution Date” means the date on which a Birth Parent executes this Consent in the presence of the judge under 18-C M.R.S. § 9-202(1).

“Counseling Certification” means the certification described in 18-C M.R.S. § 9-202(2)(A), when that subsection applies.

“Court” means the Maine Probate Court identified above, subject to the limited District Court jurisdiction stated in 18-C M.R.S. § 9-103(2).

“Revocation Period” means the five-working-day period after execution described in 18-C M.R.S. § 9-202(2)(D) and (4), unless the consenting party is also a petitioner adopting that party's own child with that party's spouse.

3. OPERATIVE PROVISIONS

3.01 Grant of Parental Consent

(a) Subject to the Maine Adoption Act and court approval, each Birth Parent freely consents to the adoption of the Child by the specified Prospective Adoptive Parent(s).
(b) The parent understands that an adoption order, if entered, has the legal effect stated in 18-C M.R.S. § 9-308(6). Signing this Consent alone does not enter the adoption decree.

3.02 Timing of Execution

(a) Each Birth Parent affirms that the parent is executing this Consent no earlier than seventy-two (72) hours after the Child's birth, in compliance with 18-C M.R.S. § 9-202(1).
(b) Do not execute this Consent before the statutory waiting period has elapsed.

3.03 Revocation

(a) Except as provided by 18-C M.R.S. § 9-202(7) and § 9-205(2), this Consent becomes final and irrevocable only upon the Court's approval under § 9-202(2).
(b) Before approval, a Birth Parent may withdraw or revoke the Consent before the judge or, if the judge is unavailable, before the register within the Revocation Period. A notarized notice is not a substitute for that statutory procedure.
(c) If the parent timely withdraws or revokes before approval, the adoption may not proceed on this Consent.

3.04 Counseling

(a) When § 9-202(2)(A) applies, a licensed child-placing agency or the department must certify that counseling was provided or offered and refused.
(b) That certification is not required when one petitioner is a blood relative or the adoptee is an adult. Attach any required certification as Exhibit A.

3.05 Conditions Subsequent

This Consent is final only for the adoption consented to. If that petition is withdrawn or dismissed, or if the adoption is not finalized within eighteen months after execution, review is governed by 18-C M.R.S. § 9-202(7) and § 9-205.

4. REPRESENTATIONS & WARRANTIES

Each Birth Parent represents and warrants to the Court and the Prospective Adoptive Parent(s) that:

4.01 Identity and Authority. The signer is a living parent whose consent is required under 18-C M.R.S. § 9-302(1)(B), unless the Court determines otherwise under applicable law.

4.02 Voluntariness. This Consent is given freely, knowingly, and voluntarily, without undue influence, coercion, fraud, or duress.

4.03 Full Disclosure. All material information relating to the Child’s health, background, and legal status known to the Birth Parent has been disclosed in writing to the Prospective Adoptive Parent(s).

4.04 No Conflicting Orders. No court has entered any order that would conflict with or prohibit the adoption contemplated herein.

4.05 Counsel. Each Birth Parent has had the opportunity to obtain independent legal counsel of his or her choice and either:
 (a) has consulted with such counsel; or
 (b) knowingly waives the right to counsel.

4.06 Survival

The representations and warranties in this Section 4 survive execution and remain enforceable until entry of the Final Decree of Adoption.

5. COVENANTS & CONTINUING OBLIGATIONS

5.01 Cooperation. Each Birth Parent shall execute any additional documents and shall appear at any Court proceeding reasonably requested to effectuate the adoption.

5.02 Non-Interference. Following expiration of the Revocation Period, the Birth Parent(s) shall not initiate any proceeding to contest or delay the adoption unless expressly permitted by statute.

5.03 Confidentiality. Except as required by law, the parties shall maintain the confidentiality of identifying information, social and medical histories, and Court records relating to this adoption.

6. COURT APPROVAL

6.01 This Consent has no private-contract default remedy. Approval, withdrawal, revocation, review, and the adoption decree are governed by 18-C M.R.S. Article 9.

6.02 The Court may approve the Consent only after making the findings required by 18-C M.R.S. § 9-202(2).

7. DISPUTE RESOLUTION

7.01 Governing Law. This Consent is governed by, and construed in accordance with, the laws of the State of Maine, including the Maine Adoption Act.

7.02 Venue. Venue is governed by 18-C M.R.S. § 9-104. The Probate Court generally has exclusive jurisdiction under § 9-103(1), subject to § 9-103(2).

7.03 Arbitration. No arbitration clause is included. The statutory requirement for court execution and approval may not be replaced by private dispute resolution.

7.04 Jury Waiver. No jury waiver is included.

7.05 Court Relief. Any relief concerning this Consent or the adoption must be requested from the court with jurisdiction under 18-C M.R.S. Article 9.

8. GENERAL PROVISIONS

8.01 Entire Agreement. This Consent, together with any exhibits, constitutes the entire understanding of the parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written agreements.

8.02 Amendment & Waiver. No amendment or waiver of any provision of this Consent is valid unless set forth in a subsequent writing executed with the same formalities as this Consent and approved by the Court.

8.03 Severability. If any provision of this Consent is held invalid or unenforceable, the remaining provisions remain in full force, and the Court is authorized to reform the document to effectuate the parties’ intent and the Child’s best interests.

8.04 Assignment. Neither this Consent nor any rights hereunder may be assigned by any party, except by operation of law through the entry of the Final Decree of Adoption.

8.05 Successors & Assigns. This Consent is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.

8.06 Execution Formality Controls. An individual parent's Consent must be executed in the presence of the judge under 18-C M.R.S. § 9-202(1). A facsimile, electronic signature, or notarial acknowledgment does not replace that statutory appearance.

9. EXECUTION & ACKNOWLEDGMENTS

A. Parental Execution

I state that I have read, understand, and voluntarily sign this Consent on the date indicated below in the presence of the judge.

B. Execution in Presence of Judge

The parent(s) named above executed this Consent in my presence on [__/__/____].

________________________________________
Judge of Probate

C. Court Approval After Statutory Period

☐ The Court has made the findings required by 18-C M.R.S. § 9-202(2).

☐ At least five working days have elapsed without withdrawal or revocation, unless the consenting party is also a petitioner within § 9-202(2)(D) and (4).

Approved on [__/__/____].

________________________________________
Judge of Probate

D. Certificate of Counseling (attach if applicable)

Exhibit A – Counselor’s Affidavit OR Written Waiver of Counseling

SOURCES AND REFERENCES

• 18-C M.R.S. § 9-103: https://legislature.maine.gov/statutes/18-C/title18-Csec9-103.html
• 18-C M.R.S. § 9-104: https://legislature.maine.gov/statutes/18-C/title18-Csec9-104.html
• 18-C M.R.S. § 9-202: https://legislature.maine.gov/statutes/18-C/title18-Csec9-202.html
• 18-C M.R.S. § 9-302: https://legislature.maine.gov/statutes/18-C/title18-Csec9-302.html
• 18-C M.R.S. § 9-308: https://legislature.maine.gov/statutes/18-C/title18-Csec9-308.html

End of Document