An Act To Amend the Laws Concerning the Adoption of Siblings
Maine Legislature, Session 126, LD 0376
Committee: Judiciary
Sponsors: JOHNSON, BEAULIEU, CRAVEN, LACHOWICZ, VALENTINO, LIBBY
Amends: 18-A MRSA §9, 22 MRSA §4068

Legislative Document 
No. 376 
S.P. 156 
In Senate, February 12, 2013 
An Act To Amend the Laws Concerning the Adoption of Siblings 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Representative BEAULIEU of Auburn and 
Senators: CRAVEN of Androscoggin, LACHOWICZ of Kennebec, VALENTINO of York, 
Representative: LIBBY of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §9-304, sub-§(e-1) is enacted to read: 
(e-1).  If the child has siblings, the court shall include in the adoption decree in 
subsection (f) a requirement that the petitioner facilitate contact between the child and the 
child's siblings unless the contact is not in the child's best interests. 
Sec. 2.  18-A MRSA §9-304, sub-§(f), as enacted by PL 1995, c. 694, Pt. C, §7 
and affected by Pt. E, §2, is amended to read: 
(f).    If the judge is satisfied with the identity and relations of the parties, of the 
ability of the petitioner to bring up and educate the child properly, considering the 
condition of the child's biological parents, of the ability of the petitioner to facilitate 
contact between the child and the child's siblings if required under subsection (e-1) and of 
the fitness and propriety of the adoption, the judge shall make a decree setting forth the 
facts and declaring that from that date the child is the child of the petitioner and that the 
child's name is changed, without requiring public notice of that change. 
Sec. 3.  18-A MRSA §9-305, sub-§(d) is enacted to read: 
(d).  The court shall determine, based on the information available, whether an 
adoptee who is a minor has siblings and the status of the relationship between the adoptee 
and the siblings. 
Sec. 4.  22 MRSA §4068, sub-§2, as enacted by PL 2005, c. 526, §2, is amended 
to read: 
2.  Siblings separated through adoption.  The department shall make reasonable 
efforts to establish agreements with prospective adoptive parents that provide for 
reasonable contact between an adoptive child and the child's siblings when unless the 
department believes that the contact will not be in the children's best interests. 
SUMMARY 
This bill provides that minor siblings who are separated by adoption, whether through 
child welfare actions or otherwise, may have contact with each other unless it is not in 
their best interests. 
Current law requires the Department of Health and Human Services in child welfare 
cases to make reasonable efforts to establish agreements with adoptive parents of children 
that provide for reasonable contact with the child's siblings when the department believes 
the contact is in the child's best interests.  This bill requires the agreements unless the 
contact will not be in the best interests of the child. 
The bill also provides for contact between siblings who are adopted into different 
families in cases that are not child welfare cases.