An Act to Enable Confirmatory Adoption
Maine Legislature, Session 131, LD 1906
Committee: Judiciary
Sponsors: MOONEN

Legislative Document
No. 1906
H.P. 1221
House of Representatives, May 9, 2023
An Act to Enable Confirmatory Adoption
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA Art. 9, Pt. 5 is enacted to read:
PART 5
CONFIRMATORY ADOPTION
§9-501.  Definitions
As used in this Part, unless the context otherwise indicates, the following terms have 
the following meanings.
1. Assisted reproduction.  "Assisted reproduction" has the same meaning as in Title 
19-A, section 1832, subsection 3.
2.  Confirmatory adoption.  "Confirmatory adoption" means an adoption proceeding 
that involves a child born as a result of assisted reproduction and an individual who did not 
give birth to that child and is a parent or presumed parent.
3. Donor.  "Donor" has the same meaning as in Title 19-A, section 1832, subsection 5.
4.  Marriage.  "Marriage" means the legally recognized union of 2 people or any legal 
relationship that provides substantially the same rights, benefits and responsibilities as 
marriage and is recognized as valid in the state or jurisdiction in which it was entered.
5.  Parentage.  "Parentage" has the same meaning as in Title 19-A, section 1832, 
subsection 14.
6. Presumed parent.  "Presumed parent" has the same meaning as in Title 19-A, 
section 1832, subsection 16.
§9-502. Grounds for confirmatory adoption
A parent who did not give birth to or a presumed parent of a child born as a result of 
assisted reproduction may file a petition for confirmatory adoption of the child in 
accordance with section 9-503.
§9-503. Petition for confirmatory adoption
This section establishes the requirements for filing a petition for confirmatory adoption.
1. Complete petition.  A complete petition must include:
A. A petition for adoption signed by all of the petitioners;
B. A copy of a petitioner's marriage certificate, if applicable; and
C. A declaration signed by the petitioner giving birth and a petitioner who did not give 
birth:
(1) Explaining the circumstances of the child's birth through assisted reproduction;
(2) Attesting to a petitioner's consent to assisted reproduction;
(3) Attesting that no competing claims of parentage exist; and
(4) A copy of the child's birth certificate.
2. Notice to donor not required. Notwithstanding any provision of law to the contrary, 
if a petitioner under this section conceived through assisted reproduction using a donor, the 
court may not require notice of the adoption to the donor.  
3. Consent to adoption.  This subsection establishes requirements regarding consent 
to a confirmatory adoption.
A. If a petitioner under this section conceived through assisted reproduction using a 
donor, the court may not require the donor's consent to a confirmatory adoption.
B. The submission of a complete petition under this section must be considered by the 
court as notice and written consent to adoption and the court may not require any 
additional notice to or consent by a petitioner.
§9-504. Proceedings
Unless otherwise ordered by the court, for good cause shown and supported by written 
findings of the court demonstrating good cause, for purposes of evaluating and granting a 
petition for confirmatory adoption pursuant to this Part, the court may not require:
1. In-person appearance.  An in-person hearing or appearance;
2. Child protection investigation.  An investigation by the Office of Child and Family 
Services within the department;
3. Criminal history record check.  A criminal history record check;
4. Missing children registry.  Verification that the child is not registered with a 
register for missing children; or
5. Residency.  A minimum residency period in which the child has lived in the home 
of the petitioners.
§9-505. Court order
In order to grant a petition under this Part, the court must find:
1. Married petitioners. For petitioners who are married, that the individual who gave 
birth and that individual's spouse were married at the time of the child's birth and the child 
was born through assisted reproduction; or
2. Unmarried petitioners.  For petitioners who are unmarried, that:
A. The individual who gave birth and the other petitioner consented to the assisted 
reproduction;
B. There are no competing claims of parentage;
C. Notice is not required to be provided to any other person with a claim to parentage 
of the child; and 
D. Consent to the adoption is not required by any other person with a claim to parentage 
of the child.
The court may not deny a complete petition solely on the grounds that the petitioner's 
parentage is already presumed or legally recognized.
The court shall issue an order under this section within 30 days of receipt of the complete 
petition.
§9-506. Construction
When adjudicating competing claims of parentage or determining the best interest of a 
child in a circumstance in which parentage is presumed or legally recognized, a court may 
not consider as evidence information that the parties did not petition for confirmatory 
adoption under this Part.
SUMMARY
This bill establishes a confirmatory adoption proceeding that involves a child born as 
a result of assisted reproduction and an individual who did not give birth to that child and 
is a parent or presumed parent.