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jeopardy and has not abandoned the child, that he the putative | parent is willing and able to take responsibility for the child and | that it is in the best interests of the child, then the judge shall | declare the putative father parent the child's parent with all the | attendant rights and responsibilities. |
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| | (j) If the judge of probate finds that the putative father | parent of the child has not petitioned or appeared within the | period required by this section or has not met the requirements | of subsection (i), the judge shall rule that the putative father | parent has no parental rights and that only the biological mother | of the child need consent to adoption or a surrender and release. |
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| | Sec. D-6. 18-A MRSA §9-202, sub-§(a), as amended by PL 1997, c. 239, §2 | and affected by §6, is further amended to read: |
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| | (a) With the approval of the judge of probate of any county | within the State and after a determination by the judge that a | surrender and release or a consent is in the best interest of the | child, the parents or surviving parent of a child may at any time | after the child's birth: |
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| (1) Surrender and release all parental rights to the child | and the custody and control of the child to a licensed | child-placing agency or the department to enable the | licensed child-placing agency or the department to have the | child adopted by a suitable person; or |
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| (2) Consent to have the child adopted by a specified | petitioner. |
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| The parents or the surviving parent must execute the surrender | and release or the consent in the presence of the judge. The | adoptee, if 14 years of age or older, must execute the consent in | the presence of the judge. The waiver of notice by the legal | father who is not the biological father or putative father a | putative parent is governed by section 9-201, subsection (c). |
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| | Sec. D-7. 18-A MRSA §9-202, sub-§(h), as enacted by PL 1995, c. 694, | Pt. C, §7 and affected by Pt. E, §2, is amended to read: |
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| | (h) The court shall accept a consent or a surrender and | release by a court of comparable jurisdiction in another state if | the court receives an affidavit from a member of that state's bar | or a certificate from that court of comparable jurisdiction | stating that: |
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| (1) The party executing the consent or the surrender and release | followed the procedure required to make a consent or |
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