Deciding to adopt a child is one of the most profoundly generous and joyous choices one can make. While you may feel a surge of happiness about your decision and wish to initiate the process immediately, it’s important to understand that the road to adoption can be lengthy and marred with obstacles. If you’re considering adopting a child to live with you in Maryland, there are many legal professionals who have substantial experience with the state-specific requirements for adoption. They can walk you through the requirements that must be met, prepare you for the various stages, and offer sound legal advice should any complications arise.
Below, we review some of the key steps to adopt a child in Maryland.
Understanding the Requirements
Maryland’s requirements to adopt a child are not unduly burdensome. In order to adopt a child, the petitioning parent must be able to prove that they are 21 years old. It does not matter if the petitioner is single or married. If married, however, then both parents will be required to form part of the petition, unless the couple is separated or one of the parties is not legally competent.
While it’s not required that the petitioning parties present evidence of affluence, they are expected to prove that they can afford the cost of rearing a child. This will generally be shown by submitting important financial records, such as pay stubs, investment portfolios, or proof of assets. The petitioning party will also be asked to prove that they either own or lease a home. Finally, petitioning parents must complete a 27-hour course on adoption and child care before completing their adoption through a public agency.
Obtaining Consent
Under Maryland family law, the child’s current legal guardians - usually, the parents or the people who the parents entrusted to care for their child in an interim - must provide consent for the adoption. Whether it's birth parents, grandparents, or an adoption agency, you must obtain a signed consent affidavit as part of the package you will present to a court. In some instances, if the parent has already given up custody to an adoption agency, then only the adoption agency’s consent will be required to move forward.
However, if you are initiating this adoption independently of a public adoption agency, then the consent of all legal guardians must be obtained. If only one parent can be located, does not object to a published notice of adoption, and has not been in contact with the child or any adoption authorities in some time, then only one parent is required to consent.
File the Petition
Towson adoption lawyers are quite experienced in filing adoption petitions, and it's generally recommended that these attorneys file the petition on your behalf. This will ensure that the process runs smoothly and prevent any obstacles from arising due to mistakes. Your petition will include a number of supporting documents, detailing the health of your finances, emotional stability, and more. Once the petition is filed, the court will send a notice of hearing to all of the involved parties.
Attend the Hearing
During the hearing, a judge will decide whether to grant or deny the petition for adoption. In some instances - particularly when an independent hearing is being conducted - a court will require an investigation prior to granting the petition. During the hearing, the judge will consider whether the petitioners are fit to be adoptive parents, whether all necessary paperwork has been completed, and whether being adopted is in the best interests of the adoptee.
