Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 4056 (2026)

Effects of termination order

✓ current as of May 2026

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1. Parent and child divested of rights. An order terminating parental rights divests the parent and child of all legal rights, powers, privileges, immunities, duties and obligations to each other as parent and child, except the child inherits from the child's former parents if so provided in the order.

[PL 2017, c. 402, Pt. D, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Only one parent affected. The termination of one parent's rights shall not affect the rights of the other parent.

[PL 1979, c. 733, §18 (NEW).]

3. Parent not entitled to participate in adoption proceedings. A parent whose rights have been terminated is not entitled to notice of the child's adoption proceedings, nor does that parent have any right to object to the adoption or participate in the proceedings.

[RR 2021, c. 2, Pt. B, §191 (COR).]

4. Child not disentitled to benefit. An order terminating parental rights may not disentitle a child to benefits due to the child from any 3rd person, agency, state or the United States; nor may it affect the rights and benefits that a Native American derives from the child's descent from a member of a federally recognized Indian tribe.

[RR 2021, c. 2, Pt. B, §192 (COR).]

5. Financial support. If, prior to the termination of parental rights, the parent was convicted of a crime against the child, the court may include in the termination order the requirement that the parent whose rights are terminated make a lump sum payment to assist in the future financial support of the child.

[PL 2003, c. 216, §1 (NEW).]

SECTION HISTORY

PL 1979, c. 733, §18 (NEW). PL 2003, c. 216, §1 (AMD). RR 2009, c. 2, §57 (COR). PL 2017, c. 402, Pt. D, §2 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). RR 2021, c. 2, Pt. B, §§191, 192 (COR).

Notes of Decisions

Cited in 14 cases, 1983–2019 · leading case: In re Child. of Nicole M., 2018 ME 75 (Me. 2018).

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In re Child. of Nicole M., 2018 ME 75 (Me. 2018). · cites it 2× “22 MRS § 4056(1) (2017). [¶ 20] This does not mean that the court may order a permanency guardianship only when parental rights have not been terminated.”

In the Interest of H.S. & S.N., Minor Child., V.R., Mother, 805 N.W.2d 737 (Iowa 2011). “2011) (providing support until a final order of adoption is entered); Me.Rev.Stat. Ann. tit. 22, § 4056(5) (Westlaw through 2011 Reg.”

In re Tiyonie R., 203 A.3d 824 (Me. 2019). · cites it 2× “Moreover, a parent whose rights have been terminated has no interest in post-termination proceedings, 22 M.R.S. § 4056(1), (3) (2018), and "[t]he termination of one parent's rights shall not affect the rights of the other parent," 22 M.”

Dep't of Human Servs. v. Sabattus, 683 A.2d 170 (Me. 1996). · cites it 4× “" 22 M.R.S.A. § 4056 (emphasis added). The Court's construction of 19 M.”

Miller v. Nichols, 586 F.3d 53 (1st Cir. 2009). “22 M.R.S.A. § 4056(3). The desired injunction would amount to a reversal of the Maine Supreme Judicial Court’s ruling on the termination of plaintiffs’ parental rights, which permitted G.”

In Re David H., 2009 ME 131 (Me. 2009). · cites it 2× “st inheritance because (1) the mother failed to show that evidence of the family trust was “newly discovered evidence,” and (2) there was uncertainty that the child might inherit the trust proceeds in any event or that the child would be automatically prohibited from inheriting…”

Adoption of Liam O., 2016 ME 66 (Me. 2016). · cites it 4× “These statutory provisions, particularly 22 M.R.S. § 4056, support the goal of termination of parental rights actions, and the corresponding private adoption actions, to end all aspects of a relationship between a child and a biological parent who has demonstrated that he or she…”

In Re Melanie S., 1998 ME 132 (Me. 1998). · cites it 2× “” 22 M.R.S.A. § 4056(1) (1992). The plain language of this section mandates that a termination order sever the relationship between parent and child.”

Adoption of Michaela C., 863 A.2d 270 (Me. 2004). “§ 9-302(b)(2) (1998), and such parents are not entitled to participate in the adoption proceedings, 22 M.R.S.A. § 4056(3) (2004). The Department’s refusal to consent to an adoption may be overruled by the Probate Court if it finds the agency acted unreasonably in withholding…”

In Re Shannon R., 461 A.2d 707 (Me. 1983). “Title 22 M.R.S.A. § 4056(1) provides: 1. Parent and child divested of rights.”

In re Child of Rebecca J., 2019 ME 76 (Me. 2019). “the decision as to whether the Department had proved by clear and convincing evidence that her parental rights should be terminated; that the mother's decision was not the result of any promises concerning her future contact with the child; and that the result of her consent…”

In Re Elizabeth D., 2006 ME 2 (Me. 2006). “22 M.R.S.A. § 4056 (2004); In re Melanie S.”

Show all 14 citing cases →

— Me. Rev. Stat. tit. 22, § 4056(1) — 6 cases

In re Child. of Nicole M., 2018 ME 75 (Me. 2018). “22 MRS § 4056(1) (2017). [¶ 20] This does not mean that the court may order a permanency guardianship only when parental rights have not been terminated.”

In re Tiyonie R., 203 A.3d 824 (Me. 2019). “Moreover, a parent whose rights have been terminated has no interest in post-termination proceedings, 22 M.R.S. § 4056(1), (3) (2018), and "[t]he termination of one parent's rights shall not affect the rights of the other parent," 22 M.”

In Re Melanie S., 1998 ME 132 (Me. 1998). “” 22 M.R.S.A. § 4056(1) (1992). The plain language of this section mandates that a termination order sever the relationship between parent and child.”

In Re Shannon R., 461 A.2d 707 (Me. 1983). “Title 22 M.R.S.A. § 4056(1) provides: 1. Parent and child divested of rights.”

In re Child of Rebecca J., 2019 ME 76 (Me. 2019). “the decision as to whether the Department had proved by clear and convincing evidence that her parental rights should be terminated; that the mother's decision was not the result of any promises concerning her future contact with the child; and that the result of her consent…”

— Me. Rev. Stat. tit. 22, § 4056(1)(B)(2) — 1 case

In re Dante C., 177 A.3d 635 (Me. 2018).

— Me. Rev. Stat. tit. 22, § 4056(2) — 1 case

In re Tiyonie R., 203 A.3d 824 (Me. 2019). “Moreover, a parent whose rights have been terminated has no interest in post-termination proceedings, 22 M.R.S. § 4056(1), (3) (2018), and "[t]he termination of one parent's rights shall not affect the rights of the other parent," 22 M.”

— Me. Rev. Stat. tit. 22, § 4056(3) — 3 cases

Miller v. Nichols, 586 F.3d 53 (1st Cir. 2009). “22 M.R.S.A. § 4056(3). The desired injunction would amount to a reversal of the Maine Supreme Judicial Court’s ruling on the termination of plaintiffs’ parental rights, which permitted G.”

Adoption of Michaela C., 863 A.2d 270 (Me. 2004). “§ 9-302(b)(2) (1998), and such parents are not entitled to participate in the adoption proceedings, 22 M.R.S.A. § 4056(3) (2004). The Department’s refusal to consent to an adoption may be overruled by the Probate Court if it finds the agency acted unreasonably in withholding…”

In Re Melanie S., 1998 ME 132 (Me. 1998). “” 22 M.R.S.A. § 4056(1) (1992). The plain language of this section mandates that a termination order sever the relationship between parent and child.”

— Me. Rev. Stat. tit. 22, § 4056(4) — 2 cases

In Re David H., 2009 ME 131 (Me. 2009). “st inheritance because (1) the mother failed to show that evidence of the family trust was “newly discovered evidence,” and (2) there was uncertainty that the child might inherit the trust proceeds in any event or that the child would be automatically prohibited from inheriting…”

Adoption of Liam O., 2016 ME 66 (Me. 2016). “These statutory provisions, particularly 22 M.R.S. § 4056, support the goal of termination of parental rights actions, and the corresponding private adoption actions, to end all aspects of a relationship between a child and a biological parent who has demonstrated that he or she…”

— Me. Rev. Stat. tit. 22, § 4056(5) — 3 cases

In the Interest of H.S. & S.N., Minor Child., V.R., Mother, 805 N.W.2d 737 (Iowa 2011). “2011) (providing support until a final order of adoption is entered); Me.Rev.Stat. Ann. tit. 22, § 4056(5) (Westlaw through 2011 Reg.”

In re Child. of Nicole M., 2018 ME 75 (Me. 2018). “22 MRS § 4056(1) (2017). [¶ 20] This does not mean that the court may order a permanency guardianship only when parental rights have not been terminated.”

Guardianship of Anthony J., 2009 ME 97 (Me. 2009).

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