Adoption is a legal process that creates a formal parent-child relationship between individuals who are not biologically related. This process usually involves several steps, including home studies, background checks, and court hearings, culminating in a judicial order that legally designates adoptive parents as the child’s parents. Once the adoption is finalized, the adoptive parents assume all the rights and responsibilities associated with parenthood, including providing care, financial support, and emotional nurturing. While adoption enhances the lives of both the child and the adoptive parents, instilling feelings of love and belonging within a new family unit, many families still have numerous questions regarding the adoption process. We will review some of these frequently asked questions. 

maryland adoption FAQ

1. Who Can Adopt a Child in Maryland?

In Maryland, any adult who is not the biological parent of a child is permitted to petition for adoption. This means individuals can seek legal parental rights for a child, regardless of their marital status. Whether single or married — including those in same-sex marriages — individuals are encouraged to initiate the adoption process, reflecting diverse family structures eager to provide loving homes for children in need.

2. What Are the Different Types of Adoptions in Maryland?

In Maryland, the law outlines three primary types of adoption, each with distinct processes and characteristics: 

Public Agency Adoptions

Government bodies, such as the Department of Social Services, facilitate these adoptions. Children placed for adoption through public agencies often come from the foster care system. The agency provides oversight throughout the adoption process, ensuring the child’s best interests are met. 

Private Agency Adoptions

In this category, adoptions are arranged through licensed private agencies, which may also include religious or nonprofit organizations. Private agencies often work with birth parents who wish to place their children for adoption and prospective adoptive parents looking to adopt. 

Independent Adoptions

Independent adoptions occur when the biological parents and potential adoptive parents make arrangements directly, without the involvement of an agency. This type of adoption can take many forms, such as a relative adoption or a private agreement between friends. While independent adoptions can provide more flexibility and the opportunity for personal connections, they still require legal oversight to ensure the adoption is finalized properly. 

3. What Are the Requirements to Adopt in Maryland?

To adopt a child in Maryland, individuals must meet the following requirements: 

  • Home Study: The individual must undergo a home study, which involves thoroughly assessing their living situation and readiness to become a parent. 
  • Financial Stability: Individuals must demonstrate their financial ability to care for a child by providing proof of income, employment, and any savings or assets. 
  • Criminal Background Check: To ensure the child’s safety, all prospective adoptive parents must undergo a criminal background check. 
  • Training: Many agencies require prospective parents to complete parenting or adoption training programs to prepare for the responsibilities ahead. 

4. Do You Need To Be Married To Adopt a Child in Maryland?

Under Maryland law, a person does not need to be married to file an adoption petition. However, if the petitioner is married, their spouse must participate in the process. There are certain circumstances in which the spouse’s involvement is not necessary, including the following:

  • The parties are legally separated
  • The spouse lacks the legal capacity to participate or 
  • If the spouse is already recognized as the child’s legal parent involved.

5. Can You Adopt an Adult in Maryland?

Adult adoption in Maryland is a legal procedure that enables individuals to adopt another adult. This form of adoption is often sought for various reasons, including enhancing family ties, securing inheritance rights, or fostering a sense of belonging within a family unit.

Contact Rice Law Today To Learn More

If you are considering adoption and want to learn more about the legal process, contact Rice Law today to speak with an experienced Maryland family law attorney.

Blogs published by Rice Law are available for informational purposes only and are not considered legal advice on any subject matter. The reader understands that by viewing blog posts no attorney-client relationship is created between the reader and the blog publisher, Rice Law. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.