Adoption Of M.A.

930 A.2d 1088 (2007)

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Nature of the Case

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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.