Legal Information: Maine

Custody

View all
Updated: 
November 10, 2017

If the child was conceived from a sexual assault, can the offender's rights be terminated?

Yes.  The mother of the child (or, the mother's parent/guardian if the mother is a minor) can file a petition in district court to terminate the offender's parental rights if the child was conceived due to an act of gross sexual assaultsexual abuse of minors, or incest (or a similar crime in another state).  The offender does not have to have been convicted of the crime (but be sure to include that information if relevant).  Note: If a parent/guardian is filing the petition on behalf of a victim of statutory rape (gross sexual assault section (1)(B)), the judge can deny the petition if: 1) the victim is at least 12 years old; 2) the victim says that the sexual act was "consensual;" and 3) the victim doesn't want the offender's rights to be terminated.1

1 M.R.S.A. 19-A § 1658(1),(2),(4)