Do I Need a Lawyer for Adoption in Maryland?

Deciding to adopt is a major decision that will change your life. Of course, you want everything to go smoothly. Adoption in Maryland legally transfers parental rights from one or both biological parents to the adoptive parent or parents. Once an adoption is finalized, the adoptive parent has the same rights and responsibilities they would have if they were child’s biological parent.

Though exciting on a personal level, in order to adopt, you must face laws and court procedures that are often complicated. Weighing the gravity of the decision with their finances, some people wonder if they should try to save money by adopting without the guidance of a Maryland family law attorney.

Maryland does not require you to use a lawyer when you want to adopt, but due to detailed rules, strict deadlines, and potentially contested rights, it’s much less risky to have an experienced Maryland family lawyer guide the process. Let’s take a look at some of the issues you should consider.

Adoption in Maryland: An Overview

Maryland recognizes different types of adoption. These include but are not limited to:

• Step-parent adoption
• Domestic adoption where the adoptive parents and the child both are from the United States
• International adoption that is complicated by the need to comply with not only US and state law, but also foreign law
• Adoption of a child in foster care who cannot be returned to their biological parents or who have none
• Adoption of a relative such as a niece, nephew or grandchild
• Adult adoption, and more

Whatever kind of adoption, there are generally three ways to adopt: public agency adoption, private agency adoption and independent adoption.

Public Agency Adoption

Foster Care Services of Maryland Department of Human Services provides services to court-committed children and to adults who are interested in becoming foster parents, or becoming adoptive parents if a court has terminated the parents’ rights. Parental rights may be terminated for various reasons including abuse, or inability or refusal to take care of the child, sometimes due to drug use.

Private Agency Adoption

You may decide to work with a private adoption agency which can help to identify a good match for your family and a child for who can be adopted.

Independent Adoption

An independent adoption is usually filed by a private party.  This type of adoption is often filed by a stepparent who would like to adopt his or her spouse’s child.

Requirements for a Maryland Adoption

If you want to adopt a child in Maryland, you must meet certain requirements. The goal is to place children in loving homes that will support them. You must:

• Be a minimum of 21 years old.
• Demonstrate that you are able to support a child.
• In some cases, undergo a home study which may include
  • A social worker visiting and evaluating if your home is suitable for a child
  • A social worker interviewing you
  • A medical examination or providing medical records.
  • A background check for criminal history and child abuse registries
  • Providing financial records
  • Providing personal references

In some cases, you may need to take pre-adoption training.

Please note that you need not be married to adopt. Both single people and couples may adopt.

The Process of Adoption in Maryland

Each type of adoption has its own procedures. For example, if you are adopting through a private agency, you must work with one that is licensed under Maryland law. If you are adopting your spouse’s child, the process may be somewhat simpler than other forms of adoption, but you still need to meet the requirements for notice, consent, and a court hearing.

Following is the general process, though the Maryland adoption process is often more complicated.

• Determine the type of adoption and adoption agency. If you are unsure of this, an experienced family law attorney can help you.
• Undergo the home study and other evaluations as already discussed above, and complete legal paperwork.
• File a petition in the Circuit Court where you or the child lives.
• Give notice to a living parent or parents if any unless a court has already terminated their parental rights. If their rights have not been terminated, they must consent to the adoption. (A parent cannot consent until after the child is born in Maryland.) The biological parent may object to the adoption, in which case you are in for a court battle, because you cannot adopt unless the parent consents or a court terminates their rights.
• Attend a court hearing where the judge will review your case to be sure the adoption is in the best interests of the child. You will need to present the home study report, consent forms, and your suitability to adopt the child. This is much like presenting evidence in any other court case.
• If the judge approves the adoption, they will issue a Final Decree of Adoption.

How Can an Attorney Help in a Maryland Adoption?

When you are adopting a child, it’s no time to gamble. You must undergo a complex court process, and the adoption is not guaranteed. Here’s how an attorney can help:

• Explain the differences of adopting from different types of agencies, and facilitate working with them to find a good match for you and the child.
• Advise you in-depth about the process.
• Help you prepare to pass the home study and all other evaluations,
• Prepare petitions, affidavits, evidence and all other legal paperwork, and file it with the court in a timely manner.
• Legally notify the biological parents if there are any living. Confirm that all required consents and notices are properly obtained, including properly serving by publication if a parent cannot be located. Parental rights are among the strongest legal rights recognized in law. Terminating them or transferring them permanently requires a high standard of care, and this is one of the areas where an experienced Maryland family law attorney is invaluable.
• Represent you in all court hearings, including fighting for the adoption if the biological parents contest it (and appeal a decision if necessary).
• Anticipate issues before they become obstacles, such as questions about parental rights, background checks, or interstate procedures.
• Help obtain citizenship for a foreign-born child. It’s not automatic!

An adoption has a lot of moving parts, and if you do not hire an attorney to represent you, there are many things that can go wrong. You can risk losing the adoption due to missed deadlines, failure to comply with Maryland or interstate law (where applicable), incomplete paperwork, failure to provide needed evidence, failure to provide legally acceptable notifications to the biological parents, and so many other issues.

Consider Consulting With an Attorney if You Are Adopting in Maryland

When it comes to a family decision as important as adoption, don’t risk heartbreak because you are inexperienced with the adoption process. An experienced Maryland adoption attorney can foresee issues that are not apparent to those without that background.

We invite you to contact us at Jimeno and Gray to schedule a consultation with one of our family law attorneys to discuss an adoption in Maryland. We will work with you to the best outcome for your individual situation.