Parental Rights
Maine
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
No |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
yes |
What parental rights can be terminated or limited? |
Terminated: Custody Visitation |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
Reinstatement of Parental Rights - A rapist may petition the court have his parental rights reinstated. |
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim must petition the Court where they last received an order of protection, or may file a termination petition in probate court, or District Court |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Based on clear and convincing evidence, that the child was conceived as a result of an act by the parent of sexual assault or a comparable crime in another jurisdiction. For purposes of this subsection, “sexual assault” has the same meaning as in Title 17-A, section 253, 254 or 556. A guilty plea or conviction for sexual assault is considered clear and convincing evidence for purposes of this subsection. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes. |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
No. |
Statutory Citations |
See, 22 M.R.S.A. § 4055.1-B Grounds for termination; see also 19-A M.R.S.A. § 1658. Termination of parental rights and responsibilities in cases involving sexual assault 19-A M.R.S.A. § 1658.4. Exception. 22 M.R.S.A. § 4059. Reinstatement of parental rights |