Adoption in Maryland

Adoption is the formal creation of a parent-child relationship between an adult and a child who is not their biological child. Any adult can petition to adopt a child in Maryland. That includes a stepparent adopting the biological child of their spouse. The natural parents' rights and obligations are terminated when the court grants an adoption. According to the law, the new parent-child relationship is identical to that between a child and a natural parent. Adult adoption is not prohibited in Maryland. However, the adult must not be married to be adopted in Maryland.

Adoptions Standards in Maryland

The standard requirements to adopt in Maryland are:

1. Be at least 18 years old;

2. If married, have a stable relationship and be married for a reasonable amount of time to adjust to each other;

3. If single, have sufficient physical and emotional ability to take sole responsibility for a child;

4. Provide medical records to prove physical and emotional health are not hazardous to a child and would not impair their ability to parent a child;

5. Although owning a home is not required, you must have adequate space to meet the child’s needs;

6. Complete a 27-hour home study course; and

7. Have sufficient income to care for the child and any other dependent family member.

Specific Maryland Adoption Laws

Some specific adoption laws in Maryland that you should be aware of are:

1. The common types of legal adoption in Maryland are:

   • Public agency adoption: When you adopt a child through the Department of Social Services in a Maryland city, such as through the Maryland Public Child Welfare Adoption Program near you

   • Private agency adoption: When a private adoption agency manages and orchestrates your adoption.

   • Independent adoption: When no adoption agency is involved, the birth parents and adoptive parents plan the adoption themselves. Some parents prefer Independent adoptions because they provide them with greater control over the procedure.

2. Legal Status Considerations

   • The petitioner does not have to be married. But unless the pair is divorced, the spouse lacks legal capacity, or the spouse is already the child's legal parent, the petitioner's spouse will be included. 

3. Consent

   • If the biological parents can be located, they will always be questioned about their approval of the adoption. They may file an objection to the adoption if they disagree. In agency adoptions, the agency is frequently the child's guardian and has the power to give its consent. The Department of Human Services has already obtained a court ruling terminating natural parents' parental rights in some public agency adoptions. Only agency approval is needed if parental rights have already been terminated.

4. Visitation

   • After the adoption, the petitioner and the biological parents may agree to allow visits.