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Adoption of M.A.

930 A.2d 1088 (2007)

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Adoption of M.A.

Maine Supreme Judicial Court

930 A.2d 1088 (2007)

Facts

A.C. and M.K. (plaintiffs), an unmarried same-sex couple, were foster parents to young siblings, M.A. and R.A., both with moderate-to-severe special needs. M.A. and R.A. had been in the custody of the Department of Health and Human Services (the department) since the parental rights of their biological parents were terminated after a child-protection proceeding. A.C. and M.K. applied to the department to adopt the children. Following an investigation, the department’s adoption supervisor, the children’s court-appointed guardian ad litem, and the home-study report all recommended A.C. and M.K. be allowed to adopt the children. The department consented to the adoption, and A.C. and M.K. filed two joint adoption petitions in probate court, one for each child. The probate court denied the petitions, finding that it lacked jurisdiction to grant the adoptions because A.C. and M.K. were applying to jointly adopt the children but were unmarried. A.C. and M.K. appealed.

Rule of Law

Issue

Holding and Reasoning (Levy, J.)

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