Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Maryland may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Maryland child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Fam. Law § 5-3B-32
Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
Placement of an individual to live with a pre adoptive family
An agreement for custody in contemplation of adoption
This section does not prohibit payment, by an interested person, of a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Fam. § 5-327(a)(2)
Reasonable and customary charges or fees for hospital or medical or legal services
Allowable Payments for Arranging Adoption
Citation: Fam. § 5-327(a)(1)
A person or organization may not receive compensation for arranging an adoptive placement.
Allowable Payments for Relinquishing Child
Citation: Crim. § 3-603
A person may not barter, trade, buy, or offer to sell a child for anything of value.
Accounting of Expenses Required by Court
Citation: Fam. § 5-327(c)
In an independent adoption, the petitioner shall file an accounting of all payments and disbursements of any items of value.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Fam. Law § 5-338
Consent to an adoption is required from the following persons:
The natural mother and father
If parental rights have been terminated, the head of the agency that has been awarded guardianship
The director of the local department with custody of the child
Age When Consent of Adoptee is Considered or Required
Citation: Fam. Law § 5-338(3)
The court may grant an adoption only if the child is represented by an attorney and he or she:
Consents to the adoption, if at least age 10
Does not object to the adoption, if under age 10
When Parental Consent is not Needed
Citation: Fam. Law § 5-3B-22
A court may allow adoption without parental consent if the court finds by clear and convincing evidence that the parent:
Has not had custody of the prospective adoptee for at least 1 year
Has not maintained meaningful contact with the child while the petitioner had custody, notwithstanding an opportunity to do so
Has failed to contribute to the child's physical care and support, notwithstanding the ability to do so
Has subjected the child to chronic abuse, chronic and life-threatening neglect, sexual abuse, or torture
Has been convicted of abuse of any offspring
Has been convicted, in any State or any court of the United States, of:
A crime of violence against a minor offspring of the parent, the child, or another parent of the child
Aiding or abetting, conspiring, or soliciting to commit a crime described above
Has, other than by consent, lost parental rights to a sibling of the child
When Consent Can Be Executed
Citation: Fam. Law § 5-3B-21(2)
Consent to adoption is not valid unless the consent is given after the prospective adopted person is born.
Revocation of Consent
Citation: Fam. Law §§ 5-339; 5-351
A parent may revoke consent to adoption at any time within the later of:
30 days after the parent signs the consent
30 days after the adoption petition is filed, after which consent is irrevocable
A local department, a guardian, or the child may revoke consent to an adoption at any time before a juvenile court enters an order of adoption.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Fam. Law §§ 5-322; 5-310
The natural father is entitled to notice of the filing of an adoption petition.
The natural father must acknowledge himself to be the father, orally or in writing, and the natural mother must agree that he is the father.
The natural father must file notice of objection to an adoption within the time stated in the show cause order.
Failure to receive a response to a petition filed by the local department within 30 days shall be deemed a negative response, if reasonable efforts were made to locate the putative father.
Please visit adoption law in Maryland for more details. |