ADOPTION OF M.A.
930 A.2d 1088 (2007)
NATURE OF THE CASE: Foster parents (FP), appealed a judgment dismissing their joint
petitions for adoption and name change as to their foster children.
FACTS: FPs are an unmarried, same-sex couple. They became foster parents to the minor
children and biological siblings, M.A. and R.A. At the time, M.A. was one-week shy of her
fourth birthday and R.A. was four months old. The parental rights of the children's birth
parents were subsequently terminated by the court with their consent. Both children have
been diagnosed with post-traumatic stress disorder, reactive attachment disorder, and
attention deficit and hyperactivity disorder. FPs. applied to the Department to adopt the
children. An independent home study was completed in early 2006. The home study report
recommended that they be approved to jointly adopt the children. The children's
court-appointed guardian ad litem recommended in favor of the adoption, concluding that
'having two legal parents forever will clearly be in the children's best interests.' The
Department also issued reports strongly supporting the adoptions. FPs then filed two
petitions for adoption. The court denied the petitions in a written order that simply stated
that each was 'denied for lack of jurisdiction pursuant to 18-A M.R.S.A. [ ] 9-301,'
without addressing the merits of the petitions. This appeal followed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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