Adult Adoption in Maine: Legal Process for Inheritance, Caretaking, and Former Foster Youth

Adoption is not limited to young children. In Maine, adult adoption allows families to formalize bonds that have existed for years or to establish legal protections for vulnerable adults. Because the person being adopted is over the age of 18, the state views the process as an agreement between consenting adults. This eliminates the need for expensive social worker investigations and messy custody battles. If you need assistance filing the paperwork correctly, consider hiring a lawyer from our US Lawyer directory to ensure a smooth court hearing.

Step-by-Step Process in Maine

Whether you are filing in Augusta, Portland, or Rockland, the process for adult adoption is streamlined under the Maine Probate Code. The courts handle these cases efficiently.

Step 1: Filing the Petition in Probate Court

You must file a Form AD-001, Maine, Probate Court, Petition for Adoption and Change of Name (or the specific adult adoption variant) with the Probate Court in the county where either the adopting parent or the adoptee resides, such as the Kennebec County Probate Court, Augusta. The paperwork will include basic demographic information and the reason for the adoption.

Step 2: Obtaining the Adoptee's Consent

Under 18-C M.R.S. § 9-302(1)(A), the most critical requirement for an adult adoption is the written consent of the adult being adopted. Additionally, if the adopting parent is married, both spouses must generally petition jointly under 18-C M.R.S. § 9-301. Unlike the laws in certain other jurisdictions, Maine law does not require the consent of the adult adoptee's spouse.

Step 3: The Final Court Hearing

Once the petition and consents are filed, the court will schedule a brief hearing. Because the biological parents do not need to be notified or consent, this hearing is usually very short. The judge simply verifies that all parties understand the legal implications of the adoption and that it is not being done for fraudulent purposes (such as evading debt). The judge will then sign the final decree.

Specific Scenarios for Adult Adoption

Families pursue adult adoption in Maine for a variety of deeply personal and practical reasons.

Adopting a Former Foster Child

Many children age out of the foster care system at 18 without ever finding a permanent home. Sometimes, a former foster parent or a mentor wants to legally make that youth a part of their family. Adult adoption provides these young adults with a vital sense of belonging, a forever family to return to during holidays, and crucial emotional stability.

Formalizing a Stepchild Relationship

Often, a stepparent helps raise a child, but the biological parent refuses to consent to a stepparent adoption while the child is a minor. Once the child turns 18, the biological parent's consent is no longer required. The adult stepchild and the stepparent can then proceed with the adoption to legally recognize the parent-child relationship that already exists in their hearts.

Caretaking and Disabled Adults

Adult adoption is sometimes utilized when an individual has severe developmental or physical disabilities and requires lifelong care. By adopting the adult, the caretaker secures next-of-kin status. This makes it significantly easier to make emergency medical decisions, manage Social Security disability benefits, and interact with agencies like the Maine Department of Health and Human Services, Augusta on the adoptee's behalf.

Impact on Inheritance and Maine Probate Laws

One of the most significant legal consequences of an adult adoption is how it changes inheritance rights. Under 18-C M.R.S. § 2-117, once the adoption is finalized, the adopted adult becomes the legal heir of the adoptive parent for the purposes of intestate succession (dying without a will). While an adoption decree generally divests the former parents of legal rights and terminates automatic intestate inheritance, 18-C M.R.S. § 2-117 explicitly provides that an adoptee may still inherit from former biological parents if specifically provided in the adoption decree (an exception recognized in cases such as Estate of Daggett, Mem 24-61 (ME Supreme Judicial Court 2024)), or if named in a valid will.

How Much Does it Cost?

Adult adoptions are highly cost-effective because they bypass the most expensive parts of the adoption system.

• Probate Court Filing Fee: Typically around $75.
• Name Change Fee: If the adult wishes to change their last name on their birth certificate, a small vital records fee of $15 applies.
• Lawyer Fees: Because these cases are uncontested and require minimal court time, attorney fees usually range from $800 to $1,500 to draft and file the paperwork correctly.

Frequently Asked Questions (FAQ)