Adopting a Child in Maryland

Maryland has public agency, private agency and independent adoptions. In an independent adoption, any adult may petition; a married petitioner adopting a minor must be joined by the spouse unless an exception applies (such as the spouse being the child's parent who consents). Each living parent must consent in writing, or by not filing a timely objection after being served with a show-cause order, and a child 10 or older must also consent. A parent's consent can be revoked within 30 days after signing. Without consent, the court may grant the adoption only on clear and convincing evidence of specific grounds, for a petitioner who has cared for the child for at least 180 days. The court may order an investigation in a consensual case and must order one in a nonconsensual case.

Stepparent adoptions are usually filed as independent adoptions. The stepparent's spouse who is the child's parent does not have to join the petition if that parent consents. The other parent must consent (in writing or by not objecting in time after service of a show-cause order), and a child 10 or older must consent. Consent forms for a stepparent or relative adoption do not need the statement about the parent's right to independent counsel and counseling. The court may, but need not, order an investigation in a consensual case; if the other parent objects, an investigation is required and the stepparent must have cared for the child at least 180 days and prove one of the statutory grounds by clear and convincing evidence.