Title 18-C, Title 18-C

If a surety company becomes surety on a bond given to the State of Maine, the court may, upon petition of any party in interest and after notice to all interested parties, reduce the amount for which the principal and surety are liable for a subsequent violation of the conditions…

Actions or proceedings on probate bonds of any kind payable to the State of Maine or the court may be commenced by any person interested in the estate or other matter for which the bond was given, either in the probate court in which the bond was filed or in the Superior Court of…

If the principal of the bond resides in the State when an action is brought under section 8-209, and is not made a party to the action, or if at the trial or on proceedings on a judgment against the sureties only the principal is in the State, the court, at the request of any suc…

With approval of the court after a continuance is issued under section 8-210, the surety may request a writ, in the form prescribed by the court, to arrest the principal, if liable to arrest, or to attach the principal's estate and summon the principal to appear and answer as a d…

Except in the case of personal representatives provided for under sections 3‑1005 and 3‑1007, and whenever applicable under section 8‑201, an action on a bond must be commenced within 6 years after the principal has been cited by the court to appear to settle the account or, if n…

The court may expressly authorize or instruct a personal representative or other fiduciary, on the court's own initiative or on the complaint of any interested person, to commence an action on the bond for the benefit of the estate. Nothing in this section may be deemed to limit …

When it appears in an action on a bond against a principal that the principal is unable to account for personal property of the estate that the principal has received, execution must be awarded against the principal for the full value of the unaccounted-for property, without any …

Every judgment and execution in an action on the bond must be recovered by the court in trust for all interested parties. The judge shall order the delinquent fiduciary, if still in office, to account for the amount or to assign the amount to the fiduciary's successor to be colle…

1. Effective date. This Code takes effect on September 1, 2019. 2. Applicability. Except as provided elsewhere in this Code, on the effective date of this Code: A. The Code applies to any wills of decedents who die on or after the effective date; [PL 2019, c. 598, §7 (AMD); PL 20…

This Article may be known and cited as "the Adoption Act."

As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Adoptee. "Adoptee" means a person who will be or who has been adopted, regardless of whether…

1. Probate Court jurisdiction. Subject to Title 4, section 152, subsection 5-A, the Probate Court has exclusive jurisdiction over the following: A. Petitions for adoption; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Consents and reviews of withholdin…

1. Venue if adoptee placed by agency or department. If an adoptee is placed by a licensed child-placing agency or the department, the petition for adoption must be filed in the court in the county or division where: A. The petitioner resides; [PL 2017, c. 402, Pt. A, §2 (NEW); PL…

Except as otherwise provided by law, an adopted person has all the same rights, including inheritance rights, that a child born to the adoptive parents would have. An adoptee also retains the right to inherit from the adoptee's former parents if the adoption decree so provides, a…

1. Attorney for parents. The parents are entitled to an attorney for any hearing held pursuant to this Article. If a parent or putative parent wants an attorney but is unable to afford one, the parent or the putative parent may request the court to appoint an attorney. If the cou…

The federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1901 et seq. and the Maine Indian Child Welfare Act govern all proceedings under this Article that pertain to an Indian child as defined in those Acts.

The laws in effect on August 31, 2019 apply to proceedings for which any of the following occurred before September 1, 2019: [PL 2019, c. 417, Pt. B, §13 (AMD).] 1. Consent. The filing of a consent; 2. Surrender and release. The filing of a surrender and release; 3. Waiver of not…

The court may refer the parties to mediation at any time after a petition is filed if mediation services are available at a reasonable fee or no cost, and may require that the parties have made a good faith effort to mediate the issue before holding a hearing. An agreement reache…

1. Affidavit of parentage. When a parent of a child wishes to consent to the adoption of the child or to execute a surrender and release for the purpose of adoption of the child and a putative parent has not consented to the adoption of the child or joined in a surrender and rele…

1. Surrender and release or consent; presence of judge. With the approval of the court of any county within the State and after a determination by the court that a surrender and release or a consent is in the best interest of the child, the parents or surviving parent of a child …

Without notice to the parent or parents, the surrender and release authorized pursuant to section 9-202 may be transferred together with all rights under section 9-202 from the transferee agency to the department or from the department as original transferee to any licensed child…

1. Petition for termination; adoption petition brought solely by parent. A petition for termination of parental rights may be brought in the court in which a petition for adoption is properly filed as part of that petition for adoption. A petition for termination of parental righ…

1. Judicial review required; 18 months. The court shall conduct a judicial review if: A. A child is not adopted within 18 months of the execution of a surrender and release; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The adoption is not finalized wi…

Spouses or unmarried persons jointly or an unmarried person, whether resident or nonresident of the State, may petition the court to adopt a person, regardless of age, and to change that person's name. The fee for filing the petition is $65 plus: [PL 2017, c. 402, Pt. A, §2 (NEW)…

1. Written consent. Before an adoption is granted, written consent to the adoption must be given by: A. The adoptee, if the adoptee is 12 years of age or older; [PL 2019, c. 664, Pt. A, §1 (AMD).] B. Each of the adoptee's living parents, except as provided in subsection 2; [PL 20…

1. Sworn; contents. A petition for adoption must be sworn to by the petitioner and must include: A. The full name, age and place of residence of the petitioner and, if married, the place and date of marriage; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] …

1. Background check; study and report. Upon the filing of a petition for adoption of a minor child, the court shall request a background check and shall direct the department or a licensed child-placing agency to conduct a study and make a report to the court. A. The study must i…

The court may proceed as follows in considering a petition for adoption. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Adoptee interview. The court may interview any adoptee, and shall interview an adoptee who is 12 years of age or older, outside the p…

1. Allowable payments by or on behalf of petitioner. Except when one of the petitioners is a blood relative of the adoptee or the adoptee is an adult, only the following expenses may be paid by or on behalf of a petitioner in any proceeding under this Article: A. The actual cost …

If the court determines that it is unable to finalize an adoption to which parents have consented, the court shall notify the parents that the court has not granted the adoption and shall conduct a review pursuant to section 9‑205.

1. Final decree of adoption; requirements. The court shall grant a final decree of adoption if the petitioner who filed the petition has been heard or has waived hearing and the court is satisfied from the hearing or record that: A. All necessary consents, relinquishments or term…

1. Appeal; bond not required of child or next friend. Any party may appeal from any order entered under this Article to the Supreme Judicial Court sitting as the Law Court, as in other civil actions, but a bond to prosecute an appeal is not required of a child or next friend and …

Notwithstanding any other provision of law and except as provided in Title 22, section 2768, all court records relating to an adoption decreed on or after August 8, 1953 are confidential. The court shall keep records of those adoptions segregated from all other court records. If …

1. Certificate of compliance; bring child to this State. A person or agency who intends to bring a child to this State from another state for the purpose of adoption must provide to the court the certification of compliance as required by the department pursuant to Title 22, chap…

If an adoption in a foreign country has been finalized and the adopting parents are seeking an adoption under the laws of this State to give recognition to the foreign adoption, a court may enter a decree of adoption based solely upon a judgment of adoption in a foreign country a…

1. Definitions. As used in this section, the following terms have the following meanings. A. "Advertise" means to communicate by any public medium that originates within this State, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio or tel…

A person, including an agent of the department, who participates in good faith in reporting violations of this Article or participates in a related child protection investigation or proceeding is immune from any criminal or civil liability for reporting or participating in the in…

1. Annulment; reasons and limitations. A court may, on petition filed within one year of the decree of adoption and after notice and hearing, reverse and annul an adoption decree based on findings by clear and convincing evidence that the adoption was obtained as a result of frau…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Assisted reproduction" has the same meaning as in Title 19‑A, section 1832, subsection 3. [PL 2023, c. 356, §1 (NEW).] B. "Confirmatory adoption" …

1. Program. There is established in the Department of Health and Human Services the Adoption Assistance Program, referred to in this Part as "the program." 2. Adoption assistance for special needs children. Subject to rules and regulations adopted by the department and the federa…

1. Eligible applicants. An application for the program may be submitted by the following persons: A. A foster parent interested in adopting an eligible child in the foster parent's care; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A person interested…

1. Written agreement before final decree; exceptions; reduction in payments. A written agreement between an applicant entering into the program and the department must precede the final decree of adoption, except that an application may be filed subsequent to the finalization of …

The department shall adopt rules for the program consistent with this Part.

This Article may be known and cited as "the Maine Revised Uniform Fiduciary Access to Digital Assets Act."

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 417, Pt. A, §107 (NEW).] 1. Account. "Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, re…

1. Applicable date. This Act applies to: A. A fiduciary or agent acting under a will or power of attorney executed before, on or after July 1, 2018; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. A personal representative acting for a decedent who died before, on or after July 1, 2018;…