Maryland Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 18, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Expanding your family by adopting a child can be a joyous experience. But with the legal requirements surrounding adoption, it can also be complex and confusing. It can seem impossible for the average Marylander to make heads or tails of the state laws that regulate who can be adopted, by whom, and how.
This article offers a summary of Maryland adoption laws.
Types of Adoption in Maryland
Maryland has several adoption options to suit various family situations. Each adoption type has specific procedures and requirements to ensure a successful and legally sound process.
- Private adoption: This involves adopting a child through direct arrangements with birth parents or with the help of a private adoption agency. This route can include working closely with birth parents to establish an adoption plan.
- Independent adoption: This allows prospective adoptive parents to connect directly with birth parents, often managed by attorneys rather than an agency. This method offers a more personal approach to the adoption process.
- Foster care adoption: This process enables families to adopt children from the state's foster care system. The Maryland Department of Human Services (DHS) manages this process. Foster parents who wish to adopt the child they are already caring for can transition from fostering to adopting through the same DHS channels.
- Public agency adoptions: This involves adopting through state-run public agencies, which handle the placement of children in the foster care system and manage their adoptions.
- Stepparent adoption: This allows a spouse to legally adopt their partner's biological child, helping to formalize family relationships in blended families.
- Open adoption: This is where the adoptive family and birth parents keep ongoing communication, fostering transparency and relationships.
Adoption Laws in Maryland
Most regulations on adoption exist at the state level and will dictate who can adopt and the special rules for adoptive parents. States can set up their own adoption laws, which can differ from other states. Adoption laws in Maryland are in the chart below.
| Code section | §5-301, et seq., of the Maryland Family Law Code |
|---|---|
| Who may be adopted | Any person |
| Age that child's consent needed | 10 and older |
| Who may adopt | Any adult, single or unmarried. The court can't deny a petition just because the petitioner is single. Married persons must act jointly unless legally separated or if one spouse is the natural parent of the adoptee or the spouse is incompetent. |
| Home residency required before finalization of adoption? | No |
| State agency/court | Maryland Department of Human Services/Circuit or Equity |
| Statute of limitations to challenge | One year |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Maryland, like most states, allows any person to get adopted and any adult, single or married, to adopt. After age 10, the court needs the child's consent if the child's natural parents no longer have parental rights. Maryland, like all states, also recognizes same-sex couples as co-parents and allows same-sex couples to adopt. Many states have created adoption courts designed to look out for the best interests of children during adoption proceedings.
Maryland Adoption Process
In Maryland, prospective adoptive parents must first undergo a home study conducted by a licensed social worker. This requires background checks, interviews, and home visits to check parents' suitability. It also assesses their ability to provide financial stability, including meeting their own child support obligations if necessary.
Following the home study, adoptive parents must file a petition for adoption with the circuit court, outlining their adoption plan and intentions. Maryland's Department of Human Services, or a private adoption agency, helps match families with children and, in foster care cases, helps ease the transition. If the child is coming from a situation where the biological parents' rights need to be terminated, this happens before placement.
Post-placement adoption counseling may support the family and the adopted child during the transition. Finally, once the adoption is finalized, the circuit court issues a decree of adoption. This legally transfers custody of the child and updates the child's birth certificate to reflect the new parental status.
Get Legal Help With an Adoption
Adoption can be a complicated process. Many state and federal laws govern adoption. An attorney will help you navigate these laws. They will help review your case, give helpful legal advice, and advocate for you and your future child.
If you would like legal help with an adoption case, contact an experienced Maryland adoption attorney in your area to schedule a consultation.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.