What You Need to Know About the Maryland Adoption Process

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter

If you ask any Circuit Court Judge in Maryland, they are bound to tell you that there are few happier moments in Court than when they are able to grant an adoption.  The elation extends to everybody in the courtroom, from the adoptive parents and child to the Judge and court staff.  Having been adopted myself, I take particular satisfaction in being able to assist prospective adoptive parents and adoptees.  Here are 4 things to know about adoption cases in Maryland.

  • Maryland Law Recognizes Three Different Types of Adoption Cases – While the end goal for the prospective adoptive parents remains the same, Maryland law has specific procedures that can change depending on whether an adoption is a Public Agency Adoption through the Department of Social Services, a Private Agency Adoption, or an Independent Adoption, which are typically arranged by and between a natural (biological) parent and a prospective adoptive parent, with no agencies involved.
  • There is No Age Limit on Adoption – Many people believe that adoption only applies to children.  While the majority of adoption cases are child adoptions, Maryland law allows both adults and minors to be adopted.  Further, an adult can independently petition the Court for their own adoption, without the involvement of other adoption or government agencies.
  • The Process is Designed to Protect Parental Rights – The legal effect of adoption is that the Court must ultimately decide whether to terminate the natural parents’ parental rights and to grant parental rights to prospective adoptive parents.  In order to protect those parental rights, adoption procedures require that every natural parent file a written consent or a written objection to the adoption petition.  If a natural parent has not filed a response, the Court has the authority to issue a Show Cause Order setting a deadline to respond.  This Order must be personally delivered to the non-responsive parent.  
  • The Adoptee Has a Say, Too – If the prospective adoptee is at least 10 years-old, they must consent to their own adoption.  If the adoptee is under 10 years-old, they must not object to the adoption.

Adoption is a very specific field of law, and while many would consider it a subset of family law, not every attorney who practices family law handles adoption cases.  If you have questions, want to learn more, or are contemplating adopting, Horman Nichols is prepared to help.  Please contact us through our website or call our office at 301.663.8101.