Types of Adoption FAQ

Q: What is a private adoption?

A: Private adoptions bypass the use of agencies and they may help bypass the long waiting lists as well. The process may begin when people who seek to adopt a child contact an attorney who specializes in adoptions. The attorney may work with physicians who are aware of women willing to give up children for adoption. Sometimes would-be parents will place ads in newspapers seeking women who are willing to place their babies for adoption.

In most states, adoptive parents are allowed to pay a biological mother's medical expenses and certain other costs during the pregnancy. But adoptive parents are not allowed to pay the biological mother specifically to give up the child. The law treats this as a "black market adoption," the buying and selling of children, and it's a crime in every state.

Q: What is a "related adoption"?

A: A "related adoption" is one in which a child's relatives, such as grandparents or an aunt and uncle, formally adopt a child as their own. This might occur if the child's biological parents are deceased or are otherwise unable to care for the child.

Q: What is a stepparent adoption?

A: A stepparent adoption is one in which a child's biological parent marries someone who wishes to adopt the biological parent's child and is able to do so.

Q: What is an agency adoption?

A: As the name implies, the parents work though a licensed agency. The agency often supervises the care of biological mothers who are willing to give up their children, and it assists in the placement of children after birth. Agencies screen adoptive parents--often extensively--before the adoption proceeds. Some agencies have long waiting lists of parents. Some agencies also specialize in placing children born in foreign countries.

Q: What is an "open adoption"?

A: An "open adoption" is one in which the adoptive parents agree to let the biological mother (or biological father) have some continued contact with the child after the adoption. This contact might be periodic visits or an exchange of pictures and other information between the adoptive family and the biological parent or parents. The nature of the contact often is specified in the adoption agreement. Open adoptions have become more common as more birth mothers have become involved with choosing which adoptive family will receive their child. But open adoptions are a relatively new phenomenon, and in many states it is not certain whether an open adoption agreement is enforceable by the birth mother.

Adoption is the legal and emotional acceptance into your family of a child not born to you. The child will have your name and the same legal rights as a child by birth.

After the adoption is approved by the court, you will receive an official decree and a birth certificate with your name listed as the parent.

It is your responsibility to feed, clothe, house, and educate your adopted child. The adopted child should receive the same love and understanding as a child born to you.

If you are seeking to adpt a child, if you are a step-parent or domestic partner who would like to adopt the child or children of your spouse or significant other, you need competent and caring legal help. We stand ready to help.

A private adoption can seem overwhelming, with a myriad of forms and attachments required with the initial filing. And, if the natural parent does not consent to the adoption, a hearing may be required to determine if the adoption can proceed anyway, even without that person's consent. From the initial filing to the homestudy performed by a social worker, to that happy day when the Family Court judge provides you with a Certificate of Adoption, attorney Jack I Hyatt will effectively guide you through the private adoption process.

The adoption law practice of the Law Offices of Jack I. Hyatt ranges from representing clients in uncontested adoptions, where the natural parent consents to the termination of his or her parental rights, to contested adoptions in which such consent is withheld. Should the biological parent wish to remain a child's parent after being served with the adoption petition, a case for termination of parental rights must be made. There are several grounds for terminating a parent's rights including abandonment, failure to support the child, and failure to communicate with the child. In the event that you must pursue a contested adoption, Jack I. Hyatt will provide the aggressive and thorough representation needed.

TYPES OF CHILD ADOPTION

There are many different kinds of child adoption. The primary distinctions are between private or agency child adoption, open or closed child adoption, and domestic or international child adoption.

Private and Agency Child Adoption

A private child adoption is arranged through an individual (often a lawyer or a physician) or referral service. This kind of child adoption is extremely risky. Without a licensed child adoption agency supervising the process, adoption can be a nightmare. When you read a horror story in the news, it is most likely a private child adoption. Based on almost 40 years of experience and after helping hundreds of adopting families get out of horrible situations, I very strongly recommend you proceed only with a licensed child adoption agency.

An agency child adoption is arranged through a child adoption agency, such as Adoption Services. The most important factor in selecting an agency is that they have met the requirements of your state and are fully licensed to provide you with a full range of professional services. To check if an agency or organization is licensed, contact them and ask for their license number and the phone number of the licensing authority. Then call the authority and confirm that the information given to you is correct.

Open and Closed Child Adoption

In a closed child adoption, the birth parents and adopting family are anonymous. While many details may be shared, no identifying information (such as last name, addresses, social security numbers, etc.) is exchanged. The birth parents and adopting family can meet, share pictures and updates, and have ongoing contact through the agency, but they do not share last names and addresses.

In an open child adoption the biological and adopting parents exchange identifying information and are then able, if they so choose, to be in contact with one another directly.

Whether an adoption is open or closed will depend on what you want, what your state allows, and what agency you select. Adoption Services has experience with both types of adoptions and is here to help you determine the best choice for you.

Intrastate, Interstate, and International Child Adoption

In an intrastate child adoption, the birth parent and adopting family live in the same state. In an interstate child adoption, the birth parent and adopting family live in different states. In an international child adoption, the birth parent and adopting family live in different countries.

The distinction among these three types of adoption is very important since each type of adoption requires a different set of legal requirements. An intrastate adoption must meet the requirements of only one state. An interstate adoption must meet the requirements of at least two states as well as something called the Interstate Compact Act. An international adoption must meet the requirements of the state, US and foreign governments, and the Hague Convention.

Adoption Services has extensive experience with open and closed child adoption as well as variations of these two. We also have extensive experience in intrastate, interstate and international child adoption. We are here to help you determine the best choice for you, and then to help implement your choices in a way that will eliminate problems and concerns.

Closed Adoption: Advantages for Birth Parents

The closed adoption experience is different for each person; however here is a list of potential advantages that you might encounter with a closed adoption:

Sense of closure- Some birthmothers and birth families report that having a closed adoption provides a sense of closure and enables them to move on with life.

Privacy- Placing a child for adoption is an extremely sensitive and vulnerable choice. Having a closed adoption creates an opportunity for a stronger sense of privacy.

Reduced fear- Some birthmothers are concerned about explaining their choice and a closed adoption serves as a way to prevent them from a confrontation with a child placed for adoption. Closed Adoption: Advantages for Adoptive Family

The closed adoption experience is different for every family; however here is a list of potential advantages that you might encounter with a closed adoption:

Family Freedom- If the birth families are not involved, the adoptive family is free to have their family time without restraints of visitations and on-going communication.

Absence of fuzzy boundaries- There is no danger or risk of birth parent interference or co-parenting concerns. Closed Adoption: Advantages for the Adopted Child The closed adoption experience is different for every child; however here is a list of potential advantages that an adopted child might encounter with a closed adoption:

Absence of fuzzy boundaries- There is no danger or risk of birth parent interference or co-parenting concerns. Protection from unstable birth families- A closed adoption protects the adopted child from an unstable or emotionally disturbed birth parent or birth family member.

The closed adoption is a different experience for each adoption. The most important thing for all parties involved in the adoption process is communication. The more communication about wishes, desires, expectations, etc., the more comfortable each party will be in the adoption process. In a closed adoption, this communication takes place through the adoption agency or adoption attorney.

The experience of adopting--its cost, time frame, frustrations, risks, and the child who is ultimately adopted--varies greatly depending on the type of adoption chosen. The decision to adopt through a public agency, a private agency, or a lawyer is one that parents make early in the process, but the implications of this decision can be lasting. Public adoption

Public adoptions are run through county child-protection agencies. There is no shortage of children available for adoption through these offices. They pay for all legal and other costs and in some cases offer stipends to help with medical or other expenses for the children.

However, the children available through public agencies are less attractive to many adoptive parents for several reasons. The children typically have been put in foster care because of neglect or abuse, and they only come up for adoption after the child protection agency has determined that the biological parents are beyond recovery as parents. That process can take a long time, which means that typically the children have been in the foster-care system for years. Few are infants. Many have emotional problems related to their history of abuse or neglect, or to their years in foster homes. And they are relatively unlikely to be white.

For many adoptive parents, however, these characteristics are not a problem. Many children who are adopted out of the foster-care system are very glad to have permanent families. Most learn to love their adoptive parents, and they often overcome their emotional and learning problems with the help of committed and caring parents.

Prospective parents can find out more about public adoptions in their regions by contacting their local county child-protection agency.

Private agencies

Private agencies provide a range of services, including counseling for prospective parents, home studies, placements, and post-placement monitoring. Many are also involved in supporting pregnant women who have decided to place their infants up for adoption. Reputable agencies are licensed and follow strict ethical standards.

Private parties can usually offer a wider variety of children to be adopted. For families who are committed to the idea of adopting an infant, a private agency is much more likely to meet their needs than a public one. The costs vary but usually run between several thousand dollars and tens of thousands of dollars.

Independent adoption

Here, prospective parents work directly with a pregnant woman or through a mediator who is often a lawyer. Independent adoptions are not legal in all states, however, so it's very important that parents who choose this option work with a reputable lawyer who is an expert in their state's adoption laws. Otherwise, if it is later found that the law has not been followed, the adoption can be challenged and perhaps nullified, even years later.

In some cases independent adoption shortens the waiting time, particularly if parents have a specific set of baby characteristics in mind that are harder to find. The cost, however, can be very high. In addition to lawyer's fees, prospective parents will still need to pay to have a home study done by a licensed agency, as well as court costs. Often the adoptive parents agree to also pay costs related to the child's birth, which can be great if there are complications. All told, the cost of an independent adoption frequently runs in the tens of thousands of dollars.

International adoption

If you wish to read some of the adoption laws in the state of Maryland, please read the following:

MARYLAND CODE / ADOPTION

MD Code, Family Law, § 5-101

Definitions

In general

(a) In this title the following words have the meanings indicated.

Adoptive parent

(b) "Adoptive parent" means an individual who completes adoption of another individual.

Child placement agency

(c) "Child placement agency" means:
(1) a local department; or
(2) a private agency that is licensed by the Social Services Administration of the Department under § 5-507 of this title, or by a comparable governmental unit of another state, to place children.

Crime of violence

(d) "Crime of violence":
(1) has the meaning stated in § 14-101 of the Criminal Law Article; or
(2) as to a crime committed in another state, means a crime that, if committed in this State, would be a crime of violence as defined in § 14-101 of the Criminal Law Article.

Department

(e) "Department" means the State Department of Human Resources.

Disability

(f) "Disability" means:
(1) alcohol dependence, as defined in § 8-101 of the Health--General Article;
(2) drug dependence, as defined in § 8-101 of the Health--General Article;
(3) a mental disorder, as defined in § 10-101 of the Health--General Article; or
(4) mental retardation, as defined in § 7-101 of the Health--General Article.

Adoption Without Prior Termination of Parental Rights

§ 5-331. Petition

Authorized

(a) Before termination of parental rights as to a child, a petition for adoption of the child may be filed only as provided in this Part III of this subtitle.

Petitioner

(b)(1) With the consent of the local department with custody of a child, any adult may petition a juvenile court under this Part III of this subtitle to adopt the child.
(2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii) is not competent to join in the petition.

Contents

(c)(1) A petitioner under this section shall attach to a petition:
(i) for a parent who is dead, a death certificate;
(ii) for each other parent:
1. the consent required under this Part III of this subtitle;
2. an affidavit, by the local department with custody of the child, stating that:
A. despite reasonable efforts as provided in § 5-316 of this subtitle, the parent cannot be located; and
B. to the best knowledge of the local department, the parent has not contacted the local department or child for at least 180 days immediately before the filing of the petition; or
3. if applicable:
A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;
(iii) each other consent required under § 5-338 of this subtitle;
(iv) a copy of an agreement, if any, for postadoption contact; and
(v) a notice of filing that:
1. states the date on which the petition was filed;
2. identifies each person whose consent was filed with the petition;
3. states the obligation of a parent to give the juvenile court and local department notice of each change in the parent's address;
4. if applicable, states that a postadoption agreement was filed with the petition; and
5. includes no identifying information that would be in violation of an agreement or consent.
(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.
Amended petition
(d) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.
Assistance from local department
(e) The local department with custody of the child shall assist a petitioner in complying with the requirements of this section.

§ 5-332. Parental addresses

A clerk of a juvenile court shall keep a listing of each address given to the juvenile court for a parent under this Part III of this subtitle.

§ 5-333. Notice of filing

Requirement

(a) Within 5 days after a petition for adoption of a child is filed under this Part III of this subtitle with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:
(1) the local department with custody of the child;
(2) each of the child's living parents who has not waived the right to notice;
(3) each living parent's last attorney of record in the CINA case; and
(4) the child's last attorney of record in the CINA case.

Method

(b) Notice under this section shall be by first-class mail.

Parental address

(c) Notice to a parent under this section shall be sent to the parent's last address known to the juvenile court.

§ 5-334. Order to show cause

Requirement

(a) Promptly after a petition for adoption is filed under this Part III of this subtitle, a juvenile court shall issue a show cause order that requires the party to whom issued to respond as required under the Maryland Rules.

Service

(b) On issuance of a show cause order as to adoption of a child under this section, a petitioner shall serve the order on:
(1) each of the child's living parents who has not consented to the adoption;
(2) each living parent's last attorney of record in the CINA case; and
(3) the child's last attorney of record in the CINA case.

Method

(c) Service under this section shall be:
(1) on a parent, by:
(i) first-class mail; and
(ii) 1. personal service; or
2. certified mail, restricted delivery, return receipt requested; and
(2) on an attorney, by:
(i) personal service; or
(ii) certified mail, return receipt requested.

Parental addresses

(d) Service on a parent under this section shall be attempted as provided in § 5-316(d), (e), and (f) of this subtitle.

§ 5-335. Hearing on adoption petition

Requirement

(a) A juvenile court shall hold a hearing before entering an order for adoption under this Part III of this subtitle.

Notice

(b) Before a hearing under this section, a juvenile court shall give notice to all of the parties.

§ 5-336. Time limits

Maximum limit

(a) Subject to subsection (b) of this section, a juvenile court shall rule on an adoption petition under this Part III of this subtitle promptly but no later than 180 days after the petition is filed.

Minimum limit

(b) A juvenile court may not enter an order for adoption of a child under this Part III of this subtitle before the later of:
(1) 30 days after the birth of the child;
(2) expiration of the time set for revocation of consent, and not waived, under § 5-339 of this subtitle; or
(3) expiration of the time to respond to show cause orders issued under this subtitle.

§ 5-337. Considerations

General

(a) In ruling on a petition for a child's adoption under this Part III of this subtitle, a juvenile court shall consider:
(1) any assurance by a local department to fund needed support for the child;
(2) all factors necessary to determine the child's best interests; and
(3) a report by a child placement agency, completed in accordance with Department regulations, as to:
(i) the suitability of the petitioner to be the child's parent; and
(ii) the child's successful placement with the petitioner under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department.

Marital status

(b) In ruling on an adoption petition under this Part III of this subtitle, a juvenile court may not deny the petition solely because the petitioner is single or unmarried.

Construction as voluntary

(c) If a parent consents to adoption in accordance with § 5-338 of this subtitle, loss of parental rights shall be considered voluntary.

§ 5-338. Authority to grant adoption

Consent or acquiescence

(a) A juvenile court may enter an order for a child's adoption under this Part III of this subtitle only if:
(1)(i) both the child's parents are dead;
(ii) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents;
(iii) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-305 of this subtitle; or
(iv) 1. at least one of the child's parents:
A. is represented by an attorney;
B. has had an opportunity to receive adoption counseling and guidance services; and
C. consents to the adoption:
I. in writing; or
II. knowingly and voluntarily, on the record before the juvenile court; and
2. the parent who does not consent:
A. is dead; or
B. I. despite reasonable efforts as provided in § 5-316 of this subtitle, cannot be located;
II. has not contacted the local department with custody of the child or the child for at least 180 days immediately before the filing of the petition; and
III. fails to respond to a show cause order served under § 5-334 of this subtitle;
(2) the director of the local department with custody of the child consents; and
(3) the child:
(i) is represented by an attorney; and
(ii) 1. if at least 10 years old, consents; or
2. if under the age of 10 years, does not object.

Withholding consent

(b) A local department may not withhold consent for the sole reason that the race, religion, color or national origin of a prospective adoptive parent differs from that of the child or parent.

§ 5-339. Consent

Contents and attachments

(a)(1) Consent of a parent to an adoption under this Part III of this subtitle may include:
(i) a provision barring a petitioner from learning identifying information about the parent; and
(ii) a waiver of the right to notice of further proceedings under this Part III of this subtitle.
(2) Consent to adoption entered into before a judge on the record shall include a waiver of the revocation period.
(3) Consent of a party to an adoption under this Part III of this subtitle is not valid unless:
(i) the consent is given in a language that the party understands;
(ii) if given in a language other than English, the consent:
1. is given before a judge on the record; or
2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(iii) the consent names the child;
(iv) the consent contains enough information to identify the prospective adoptive parent;
(v) the party has received written notice or on the record notice of:
1. the revocation provisions in subsections (a)(2) and (b)(1) of this section;
2. the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and
3. the right to file a disclosure veto under § 5-359 of this subtitle; and
(vi) the consent is accompanied by an affidavit of counsel appointed under § 5-307(a) of this subtitle, stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

Revocation by parent

(b)(1) Subject to paragraph (2) of this subsection, a parent may revoke consent to adoption under this Part III of this subtitle at any time within the later of:
(i) 30 days after the parent signs the consent; or
(ii) 30 days after the adoption petition is filed.
(2) Consent to adoption under subsection (a)(2) of this section is irrevocable.

Revocation by local department

(c) A local department may revoke consent to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.

Revocation or objection by child

(d) A child may revoke consent or object to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.

§ 5-340. Dismissal

If a petition for adoption under this Part III of this subtitle is contested, a juvenile court shall dismiss the petition.

§ 5-341. Order for adoption

Effect on parent-child relationship

(a)(1) This subsection does not limit the right of an individual to provide for distribution of property by will.
(2) Except as provided in § 2-123 of the Real Property Article, after a juvenile court enters an order for adoption under this Part III of this subtitle:
(i) the adoptee:
1. is the child of the adoptive parent for all intents and purposes; and
2. is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;
(ii) each of the adoptee's living parents is:
1. relieved of all parental duties and obligations to the adoptee; and
2. divested of all parental rights as to the adoptee; and
(iii) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

Effect on pending cases

(b) An order for adoption under this Part III of this subtitle terminates all pending CINA cases as to the adoptee.

Adoption of adult

(c) Adoption of an adult has the same legal effect as adoption of a minor.

Notice of order

(d)(1) When a juvenile court enters an order for a child's adoption under this Part III of this subtitle, the juvenile court shall send notice to:
(i) each juvenile court that has a pending CINA case as to the adoptee;
(ii) each of the child's living, former parents who has not waived the right to notice;
(iii) each living parent's last attorney of record in the CINA case; and
(iv) the child's last attorney of record in the CINA case.
(2) Service on a parent under this subsection shall be at the parent's last address known to the juvenile court.
§ 5-342. Petition to invalidate
If a petition to invalidate an order for adoption under this Part III of this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a juvenile court shall dismiss the petition.

Part IV. Adoption After Termination of Parental Rights

§ 5-345. Petition

Authorized

(a) If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.

Petitioner

(b)(1) Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.
(2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii) is not competent to join in the petition.

Contents

(c)(1) A petitioner under this section shall attach to a petition:
(i) 1. all written consents required under § 5-350 of this subtitle; or
2. if applicable:
A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;
(ii) a copy of an agreement, if any, for postadoption contact; and
(iii) a notice of filing that:
1. states the date on which the petition was filed;
2. identifies each governmental unit or person whose consent was filed with the petition;
3. if applicable, states that a postadoption agreement was filed with the petition; and
4. includes no identifying information that would be in violation of an agreement or consent.
(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.

Amended petition

(d) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.

§ 5-346. Notice of filing

Requirement

(a) Within 5 days after a petition for adoption of a child is filed under this Part IV of this subtitle with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:
(1) the local department; and
(2) the child's last attorney of record in the guardianship case.

Method

(b) Notice under this section shall be by first-class mail.

§ 5-347. Hearing on adoption petition

Requirement

(a) A juvenile court shall hold a hearing before entering an order for adoption under this Part IV of this subtitle.

Notice

(b) Before a hearing under this section, a juvenile court shall give notice to all of the parties.

§ 5-348. Time limits

Maximum limit

(a) Subject to subsection (b) of this section, a juvenile court shall rule on the adoption petition under this Part IV of this subtitle promptly but no later than 180 days after the petition is filed.

Minimum limit

(b) A juvenile court may not enter an order for adoption of a child under this Part IV of this subtitle before the later of:
(1) 30 days after the birth of the child; or
(2) 10 days after the notice is served under § 5-346 of this subtitle.

§ 5-349. Considerations

General

(a) In ruling on a petition for a child's adoption under this Part IV of this subtitle, a juvenile court shall consider:
(1) any assurance by the local department to fund needed support for the child;
(2) all factors necessary to determine the child's best interests; and
(3) a report by a child placement agency, completed in accordance with Department regulations, as to:
(i) the suitability of the petitioner to be the child's parent; and
(ii) the child's successful placement for adoption with the petitioner under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department.

Marital status

(b) In ruling on a petition for adoption under this Part IV of this subtitle, a juvenile court may not deny a petition for adoption solely because the petitioner is single or unmarried.

§ 5-350. Authority to grant adoption

Consent

(a) A juvenile court may enter an order for a child's adoption under this Part IV of this subtitle only if:
(1) for an individual under the age of 18 years, the individual's guardian consents; and
(2) for an individual who is at least 10 years old, the individual consents.

Withholding consent

(b) A guardian may not withhold consent for the sole reason that the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent.

§ 5-351. Consent

Contents and attachments

(a) Consent of a party to an adoption under this Part IV of this subtitle is not valid unless:
(1) the consent is given in a language that the party understands;
(2) if given in a language other than English, the consent:
(i) is given before a judge on the record; or
(ii) is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(3) the consent names the child;
(4) the consent contains enough information to identify the prospective adoptive parent; and
(5) the party has received written notice or on-the-record notice of:
(i) the revocation provisions in this section;
(ii) the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and
(iii) the right to file a disclosure veto under § 5-359 of this subtitle.

Revocation by guardian

(b) A guardian may revoke consent to an adoption under this Part IV of this subtitle at any time before a juvenile court enters an order of adoption under this Part IV of this subtitle.

Revocation by child

(c) A child may revoke consent to an adoption under this Part IV of this subtitle at any time before a juvenile court enters an order of adoption under this Part IV of this subtitle.

§ 5-352. Order for adoption

Effect on parent-child relationship

(a)(1) This subsection does not limit the right of an individual to provide for distribution of property by will.
(2) Except as provided in § 2-123 of the Real Property Article, after a juvenile court enters an order for adoption under this Part IV of this subtitle:
(i) the adoptee:
1. is the child of the adoptive parent for all intents and purposes; and
2. is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;
(ii) each of the adoptee's living parents is:
1. relieved of all parental duties and obligations to the adoptee; and
2. divested of all parental rights as to the adoptee; and
(iii) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

Effect on pending cases

(b) An order for adoption under this Part IV of this subtitle terminates all pending guardianship cases as to the adoptee.

Adoption of adult

(c) Adoption of an adult has the same legal effect as adoption of a minor.

Notice of order

(d)(1) When a juvenile court enters an order for a child's adoption under this Part IV of this subtitle, the juvenile court shall send notice to:
(i) each juvenile court that has a pending guardianship case as to the adoptee;
(ii) each of the child's living, former parents who has not waived the right to notice;
(iii) the former parent's last attorney of record in the guardianship case; and
(iv) the child's last attorney of record in the guardianship case.
(2) Service on a former parent under this subsection shall be at the parent's last address known to the juvenile court.
§ 5-353. Petition to invalidate
If a petition to invalidate an order for adoption under this Part IV of this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a juvenile court shall dismiss the petition.

Part V. Access to Records

§ 5-356. Medical and mental health information

Compilation of adoptee's records or history

(a) A local department shall make reasonable efforts to compile and make available to a prospective adoptive parent:
(1) all of the prospective adoptee's medical and mental health records that the local department has; or
(2) a comprehensive medical and mental health history of the prospective adoptee.

Compilation of parental history

(b) On request of an adoptive or prospective adoptive parent, a local department shall make reasonable efforts to compile a pertinent medical and mental health history of each of the prospective adoptee's or adoptee's parents or former parents, if available to the local department, and to make the history available to the adoptive or prospective adoptive parent.

Later received information

(c)(1) If, after adoption, a local department receives medical or mental health information about the adoptee or adoptee's former parent, the local department shall make reasonable efforts to make the information available to the adoptive parent.
(2) If, after adoption, the adoptive parent requests additional information, the local department shall make reasonable efforts to notify the former parent, at the former parent's last known address available to the local department, of the request and the reason for the request.

Exclusion of identifying information

(d) A medical or mental health history compiled under this section may not contain identifying information about a parent or former parent.

§ 5-357. Court and department records

Access

(a)(1)(i) On request of an adoptee or adoptive or former parent of an adoptee and without a showing of a need, a local department shall provide information, other than identifying information, in its adoption record on the adoptee.
(ii) If a local department denies a request under this paragraph, then on petition of an adoptee or adoptive or former parent and without a showing of need, a juvenile court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the local department's record on the adoptee.
(2) On petition of an adoptee or adoptive or former parent of an adoptee and without a showing of need, a juvenile court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the juvenile court's record on the adoptee.

Protection of identifying information

(b) A juvenile court may not order opened for inspection under this section any part of a record that contains identifying information.

§ 5-358. Urgently needed medical information

Hearing on need

(a) If, after a hearing on a petition of an adoptee or former parent, a juvenile court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in local department and juvenile court records, the juvenile court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.

Role of intermediary

(b) An intermediary appointed under this section:
(1) may only advise an adoptee or former parent of the need for medical information; and
(2) may not:
(i) reveal any identifying information about an adoptee or former parent; or
(ii) try, in any manner, to encourage or discourage contact between an adoptee and former parent.

Report to court

(c) An intermediary appointed under this section shall file with the appointing juvenile court a confidential written report on the intermediary's efforts to contact an adoptee or former parent.

Disclosure by court

(d) When a juvenile court receives a report from an intermediary, the juvenile court may disclose to the adoptee or former parent, without revealing identifying information about an adoptee or former parent:
(1) whether the intermediary advised an adoptee or former parent about the need for medical information; and
(2) medical information that the adoptee or a former parent provided.

Compensation

(e) Notwithstanding any other provision of law, a juvenile court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.

§ 5-359. Vital records

Definitions

(a)(1) In this section the following words have the meanings stated.
(2) "Director" means the State Director of Social Services.
(3) "Secretary" means the Secretary of Health and Mental Hygiene.

Scope of section

(b) This section applies only to an adoption in which a juvenile court enters an order for adoption on or after January 1, 2000.

Construction of section

(c) This section does not bar:
(1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or
(2) the Director or a confidential intermediary from obtaining a copy of a record under § 5-4B-04(c) or § 5-4B-06(b) or (c) of this title.

Application for record

(d)(1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:
(i) the adoptee's original certificate of birth;
(ii) all records that relate to the adoptee's new certificate of birth, if any; and
(iii) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:
(i) the adoptee's original certificate of birth;
(ii) the new certificate of birth, if any, that was substituted, under § 4- 211 of the Health--General Article, for the adoptee's original certificate of birth;
(iii) all records that relate to the adoptee's new certificate of birth; and
(iv) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(3) Each applicant under this subsection shall:
(i) provide all proof of identity and other relevant information that the Secretary requires; and
(ii) pay the fee required under Title 4, Subtitle 2 of the Health--General Article for a copy of a record.

Disclosure veto

(e)(1) A biological parent may:
(i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.
(2) An adoptee at least 21 years old may:
(i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.
(3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.

Duties of Secretary

(f)(1) The Secretary shall adopt regulations to carry out this section.
(2) Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.
(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:
(i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and
(ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.
(4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to a biological parent, if that parent has filed a disclosure veto in accordance with this section.
(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under Subtitle 4B of this title.

§ 5-360. Access for adoptive parent

Allowed

(a) Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.

Limit on identifying information

(b) Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.

Part VI. Prohibited Acts

§ 5-362. Prohibited payments

Prohibited act

(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1) placement of an individual to live with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article; or
(2) an agreement for custody in contemplation of adoption.

Construction of section

(b)(1) In this subsection, "Administration" means the Social Services Administration of the Department.
(2) This section does not:
(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or
(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
1. the reimbursement is in accordance with standards set by regulation of the Administration; and
2. the ability to provide this reimbursement does not affect:
A. the acceptability of any individual for adoptive services; or
B. the choice of the most suitable prospective adoptive parent.

Duty of State's Attorney

(c) Each State's Attorney shall enforce this section.

Subtitle 3A. Private Agency Guardianship and Adoption

Part I. General Provisions

§ 5-3A-01. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Child

(b) "Child" means an individual who is the subject of a guardianship or adoption petition under this subtitle.

Guardianship

(c) "Guardianship" means an award, under this subtitle, of any power of a guardian.

Identifying information

(d) "Identifying information" means information that reveals the identity or location of an individual.

Parent

(e)(1) "Parent" means an individual who, at the time a petition for guardianship or adoption is filed under this subtitle or at any time before a court terminates the individual's parental rights:
(i) meets a criterion in § 5-3A-06(a) of this subtitle; or
(ii) is the mother.
(2) "Parent" does not include an individual whom a court has adjudicated not to be a father or mother.

§ 5-3A-02. Scope of subtitle

Application

(a) This subtitle applies only to:
(1) guardianship by a child placement agency of a child other than a child in need of assistance; and
(2) adoption of the child.

Effect

(b) Except as expressly provided in this subtitle, this subtitle does not apply to any case pending on or before December 31, 2005.

§ 5-3A-03. Statement of findings; purposes

Statement of findings
(a) The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary.

Purposes

(b) The purposes of this subtitle are to:
(1) timely provide permanent and safe homes for children consistent with their best interests;
(2) protect children from unnecessary separation from their parents;
(3) ensure adoption only by individuals fit for the responsibility;
(4) protect parents from making hurried or ill-considered agreements to terminate parental rights;
(5) protect prospective adoptive parents by providing them information about prospective adoptees and their backgrounds; and
(6) protect adoptive parents from a future disturbance of their relationship with adoptees by former parents.

§ 5-3A-04. Relationship with Title 5, Subtitle 5

This subtitle is related to and should be read in relation to Subtitle 5 of this title.

§ 5-3A-05. Foreign orders

"Order" defined

(a) In this section, "order" includes any action that, under the laws of another jurisdiction, has the force and effect of a comparable judicial order under this subtitle.

Order of another state

(b) In accordance with the United States Constitution, this State shall accord full faith and credit to:
(1) an order of another state as to adoption or guardianship in compliance with the other state's laws; and
(2) termination of parental rights in compliance with the other state's laws.

Other foreign orders

(c) As to a jurisdiction other than a state:
(1) an order for adoption or guardianship entered in compliance with the jurisdiction's laws shall have the same legal effect as an order for adoption or guardianship entered in this State; and
(2) termination of parental rights in compliance with the jurisdiction's laws shall have the same legal effect as termination of parental rights in this State.

Construction

(d) This section may not be construed to require an individual to petition a court in this State for adoption of an adoptee if:
(1) the individual adopted the adoptee in compliance with the laws of a jurisdiction other than a state; and
(2) the United States Citizenship and Immigration Services verifies the validity of that adoption by granting, under the federal Immigration and Nationality Act, [FN1] an IR-3 visa for the adoptee.

§ 5-3A-06. Paternity

In general

(a) Unless a court excludes a man as the father of a child, a man is the father if:
(1) the man was married to the child's mother at the time of the child's conception;
(2) the man was married to the child's mother at the time of the child's birth;
(3) the man is named as the father on the child's birth certificate and has not signed a denial of paternity;
(4) the child's mother has named the man as the child's father and the man has not signed a denial of paternity;
(5) the man has been adjudicated to be the child's father;
(6) the man has acknowledged himself, orally or in writing, to be the child's father and the mother agrees; or
(7) on the basis of genetic testing, the man is indicated to be the child's biological father.

Notice and hearing on paternity claim

(b)(1) A petitioner under this subtitle shall give a court notice that a man who is not named in the petition and has not been excluded as a father claims paternity.
(2) After a request of a party or claimant and before ruling on a petition for guardianship or adoption under this subtitle, a court shall hold a hearing on the issue of paternity.

§ 5-3A-07. Appointed counsel

Parent

(a)(1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:
(i) has a disability that makes the parent incapable of effectively participating in the case; or
(ii) when the parent must decide whether to consent under this subtitle, is still a minor.
(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.

Child

(b)(1) In an adoption proceeding under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:
(i) is at least 10 years old; and
(ii) 1. is a minor; or
2. has a disability that makes the prospective adoptee incapable of effectively participating in the proceeding.
(2) To determine whether a disability makes a child incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the child.

Dual representation

(c) An attorney or firm:
(1) may represent more than one party in a case under this subtitle only if the Maryland Rules of Professional Conduct allow; and
(2) may not represent a prospective adoptive parent and parent in the same case.

Compensation

(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.

§ 5-3A-08. Agreement for post adoption contact

Authorized

(a)(1) A prospective adoptive parent and parent of a prospective adoptee under this subtitle may enter into a written agreement to allow contact, after the adoption, between:
(i) the parent or other relative of the adoptee; and
(ii) the adoptee or adoptive parent.
(2) An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:
(i) a relative or former parent of the adoptee; and
(ii) the adoptee or adoptive parent.

Construction of agreement

(b) An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.

Dissemination; redaction

(c) An individual who prepares an agreement described in subsection (a)(1) of this section:
(1) shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle; and
(2) if the agreement so provides, shall redact identifying information from all copies.

Effect of noncompliance

(d) Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, adoption or guardianship.

Mediation

(e) If a dispute as to an agreement made under this section arises, a court may order the parties to engage in mediation to try to resolve the dispute.

Enforcement

(f)(1) A court shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee's best interests.
(2) If a party moves to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee's best interests, the court may modify the agreement.

§ 5-3A-09. Costs

A court may assign among the parties to a case under this subtitle, as the court considers appropriate, counsel fees and the cost of testing under § 5- 3A-06 of this subtitle.

§ 5-3A-10. Appeal

A party to a case under this subtitle may appeal to the Court of Special Appeals from an interlocutory or final order.

Part II. Guardianship Proceeding

§ 5-3A-13. Petition

Petitioner

(a) Only a child placement agency may petition for guardianship under this subtitle.

Child

(b) A court may grant guardianship under this subtitle only for a minor.

Contents

(c) A petitioner shall attach to a petition:
(1) all written consents for the guardianship that the petitioner has; and
(2) if applicable:
(i) proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
(ii) certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws.

§ 5-3A-14. Notice of filing

Requirement

(a) Within 5 days after a petition for guardianship of a child is filed with a court, the clerk shall send a copy of the petition and notice of filing to:
(1) each of the child's living parents who has not waived the right to notice; and
(2) each living parent's attorney of record.

Method

(b) Notice under this section shall be by first-class mail.

Parental address

(c) Notice to a parent under this section shall be sent to a parent's last address known to the court.

§ 5-3A-15. Order to show cause

Requirement

(a) On issuance of a show cause order as to guardianship of a child, a petitioner shall serve the order on each of the child's living parents who has not consented to the guardianship.

Method

(b) Service under this section shall be by:
(1) personal service; or
(2) certified mail, restricted delivery, return receipt requested.

Parental address

(c) Service on a parent under this section shall be attempted at the parent's last address known to the petitioner.

Publication

(d)(1) If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.
(2) Notice under this subsection shall consist of substantially the following statement:

To: (Father's name)

To: (Mother's name)

To: Unknown parent

"You are hereby notified that a guardianship case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother's and father's names and dates of birth) shall file a written response. A copy of the show cause order may be obtained from the clerk's office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child."
(3) Service under this subsection shall be by:
(i) publication at least once in one or more newspapers in general circulation in the county where the parent last resided or, if unknown, where the petition is filed; and
(ii) posting for at least 30 days on a website of the Department.
(4) The Department may charge a petitioner a reasonable fee to cover the cost of posting.

§ 5-3A-16. Investigation

Before ruling on a guardianship petition, a court may order any investigation that the court considers necessary.

§ 5-3A-17. Time limits

Maximum limit

(a) Subject to subsection (b) of this section, a court shall rule on a guardianship petition under this subtitle within 180 days after the petition is filed.

Minimum limit

(b) A court may not enter a final order for guardianship under this subtitle until the later of expiration of the time for:
(1) revocation of consent; or
(2) the filing of a response to an order to show cause.

§ 5-3A-18. Authority to grant guardianship

Consent or best interests

(a) A court may grant a guardianship of a child only if:
(1) each of the child's living parents consents:
(i) in writing; or
(ii) by failure to timely file notice of objection after being served with a show cause order in accordance with this subtitle;
(2) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the governmental unit or person consents; or
(3) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-3A-05 of this subtitle.

Conditional consent

(b) A governmental unit or person:
(1) may condition consent or acquiescence on adoption into a specific family that a child placement agency has approved for the placement; but
(2) may not condition consent or acquiescence on any factor other than placement into a specific family.

§ 5-3A-19. Consent

Contents

(a)(1) Consent of a parent may include a waiver of the right to notice of:
(i) the filing of a petition under this subtitle; and
(ii) further proceedings under this subtitle.
(2) Consent to guardianship is not valid unless the consent:
(i) is given after the child for whom guardianship is sought is born;
(ii) is given in a language that the party understands;
(iii) if given in a language other than English:
1. is given before a judge on the record; or
2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(iv) contains an express notice of:
1. the right to revoke consent, at any time within 30 days after the person signs the consent, unless the revocation is barred under subsection (b)(2) of this section;
2. the search rights of adoptees and parents under § 5-3A-42 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and
3. the right to file a disclosure veto under § 5-3A-42 of this subtitle; and
(v) is accompanied by an affidavit of counsel appointed under § 5-3A-07(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

Revocation period

(b)(1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship at any time within 30 days after the person signs the consent.
(2) A parent may not revoke consent for guardianship of a child if:
(i) in the preceding year, the parent has revoked consent for or filed a notice of objection to guardianship of the child; and
(ii) the child is at least 30 days old and consent is given before a judge on the record.

Failed conditional placement

(c) If a petitioner becomes aware, before a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:
(1) file notice with the court;
(2) give notice to all of the other parties;
(3) if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and
(4)(i) if the unit or person enters into a new consent, file the consent with the court; or
(ii) if the unit or person fails to enter into a new consent, dismiss the petition.

§ 5-3A-20. Grant of guardianship--Consensual

Authority

(a) If all consents for guardianship of a child have been given in accordance with this subtitle, a court may enter an order for guardianship.

Notice

(b)(1) Within 5 days after entry of an order under this section, a court shall notify each party to the case who has not waived the right to notice.
(2) Notice under this subsection shall be by first-class mail.
(3) Notice under this subsection shall be sent to a party's last address known to the court.

§ 5-3A-21. Contents of order

In an order entered under this subtitle, a court shall document:
(1) the response by each party to the guardianship petition; and
(2) the waiver, if any, of a parent to notice of further proceedings.

§ 5-3A-22. Effects of order for guardianship

Parent-child relationship

(a) An order for guardianship of an individual:
(1) except as provided in § 5-3A-23 of this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent's duties, obligations, and rights toward the individual;
(2) eliminates the need for notice to a parent as to the filing of an adoption petition;
(3) eliminates the need for further consent of a parent to adoption of the individual; and
(4) grants guardianship of the individual to a child placement agency.

Guardian

(b)(1) Unless a court gives legal custody to another person, a child's guardian under this subtitle has legal custody.
(2) Unless a court orders otherwise and subject to review by the court, a child's guardian may make all decisions affecting the child's education, health, and welfare, including consenting to:
(i) adoption of the child;
(ii) application by the child for a driver's license;
(iii) enlistment by the child in the armed forces;
(iv) marriage of the child; and
(v) medical, psychiatric, or surgical treatment.

§ 5-3A-23. Guardianship review

Report

(a)(1) A child placement agency shall file a written report with a court with jurisdiction over a child whenever:
(i) the child placement agency fails to place the child for adoption with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article:
1. within 270 days after being awarded guardianship; or
2. within 180 days after permanently removing the child from another placement; or
(ii) a court does not enter a final order of adoption within 2 years after the placement.
(2) A report under this subsection shall state each reason for the delay in placement or adoption.

Notice

(b)(1) Whenever a child placement agency files a report under this section, the child placement agency shall mail notice of the child's status:
(i) to each of the child's living parents who has not waived the right to notice and, if represented, counsel; and
(ii) if a court appointed counsel for the child under this subtitle, to the child's last attorney of record.
(2) A waiver of rights under this subsection is not valid unless the waiver appears expressly in:
(i) the parent's consent to guardianship; and
(ii) the guardianship order.

Hearing

(c)(1) Whenever a court receives a report under this section, the court shall hold a hearing to:
(i) review the progress that the child placement agency has made toward adoption of the child; and
(ii) take all actions that the court considers to be in the child's best interests.
(2) Each year after a hearing under paragraph (1) of this subsection until the court's jurisdiction terminates, the court shall hold another review hearing.

§ 5-3A-24. Failed conditional consent during guardianship

If a petitioner becomes aware, after a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:
(1) file notice with the court;
(2) give notice to all of the other parties;
(3) if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and
(4)(i) if the unit or person enters into a new consent, file the consent with the court;
(ii) if the unit or person fails to enter into a new consent, ask the court to set aside the guardianship order; or
(iii) if the unit or person cannot be located after exhaustion of the service requirements under § 5-3A-15 of this subtitle, ask the court to determine whether it is in the child's best interests to continue the guardianship despite the inability to fulfill the condition.

§ 5-3A-25. Termination of guardianship

Age limit

(a) Unless terminated sooner, a court retains jurisdiction over a child until the child attains 18 years of age.

Adoption order

(b) An order for adoption of a child terminates the child's guardianship case.

Part III. Adoption

§ 5-3A-29. Petitioner

Age

(a) Any adult may petition a court for an adoption under this subtitle.

Minimum period of placement

(b) A petitioner may petition for adoption of a child 180 days or more after a child placement agency places the child with the petitioner.

Marital status

(c)(1) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii) is not competent to join in the petition.
(2) If the marital status of a petitioner changes before entry of a final order, the petitioner shall amend the petition accordingly.

§ 5-3A-30. Notice of filing

A petitioner for adoption under this subtitle shall give notice of the filing of an adoption petition to each person whose consent is required.

§ 5-3A-31. Report

Before a court enters an order for adoption of a child under this subtitle, a child placement agency shall file a written report on:
(1) the suitability of the petitioner to adopt the child; and
(2) the relationship between the petitioner and child.

§ 5-3A-32. Hearing on adoption petition

A court shall hold a hearing before entering an order for adoption under this subtitle.

§ 5-3A-33. Time limits

A court may not enter an order for adoption under this subtitle until 30 days after entry of a guardianship order under this subtitle.

§ 5-3A-34. Considerations

In general

(a) In ruling on a petition for a child's adoption under this Part III of this subtitle, a court shall consider:
(1) all factors necessary to determine the child's best interests; and
(2) the report required under § 5-3A-31 of this subtitle.

Marriage

(b) In ruling on an adoption petition under this Part III of this subtitle, a court may not deny the petition solely because the petitioner is single or unmarried.
§ 5-3A-35. Authority to grant adoption

Consent

(a) A court may enter an order for a child's adoption under this subtitle only if:
(1) the child placement agency consents; and
(2) for a child who is at least 10 years old, the child consents.

Withholding consent

(b) A child placement agency may not withhold consent for the sole reason that the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent.

Validity of consent

(c) Consent of a party to an adoption under this Part III of this subtitle is not valid unless:
(1) the consent is given in a language that the party understands;
(2) if given in a language other than English, the consent:
(i) is given before a judge on the record; or
(ii) is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(3) the consent names the child;
(4) the consent contains enough information to identify the prospective adoptive parent; and
(5) the party has received written notice or on-the-record notice of:
(i) the revocation provisions in this section;
(ii) the search rights of adoptees and parents under § 5-3A-42 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and
(iii) the right to file a disclosure veto under § 5-3A-42 of this subtitle.

Revocation

(d)(1) A child placement agency may revoke consent at any time within the later of:
(i) 14 days after the child placement agency signs the consent; or
(ii) 14 days after the adoption petition is filed.
(2) A child who is at least 10 years old may revoke consent at any time before a court enters an order of adoption under this subtitle.

§ 5-3A-36. Order for adoption

Effect on parent-child relationship

(a)(1) This subsection does not limit the right of an individual to provide for distribution of property by will.
(2) Except as provided in § 2-123 of the Real Property Article, after a court enters an order for adoption under this subtitle:
(i) the adoptee:
1. is the child of the adoptive parent for all intents and purposes; and
2. is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;
(ii) each of the adoptee's living parents is:
1. relieved of all parental duties and obligations to the adoptee; and
2. divested of all parental rights as to the adoptee; and
(iii) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

Effect on pending cases

(b) An order for adoption under this subtitle terminates all pending guardianship cases as to the adoptee.

Adoption of adult

(c) Adoption of an adult has the same legal effect as adoption of a minor.

Notice of order

(d)(1) When a court enters an order for a child's adoption under this subtitle, the court shall send notice to:
(i) each court that has a pending guardianship case as to the adoptee;
(ii) each of the child's living, former parents who has not waived the right to notice; and
(iii) the former guardian of the child.
(2) Service on a parent under this subsection shall be at the parent's last address known to the court.

§ 5-3A-37. Petition to invalidate

If a petition to invalidate an order for adoption under this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a court shall dismiss the petition.

Part IV. Access to Adoption Records

§ 5-3A-39. Medical and mental health information

Compilation of adoptee's records or history

(a) A child placement agency shall make reasonable efforts to compile and make available to a prospective adoptive parent:
(1) all of the prospective adoptee's medical and mental health records that the agency has; or
(2) a comprehensive medical and mental health history of the prospective adoptee.

Compilation of parental history

(b) On request of a prospective adoptive parent, a child placement agency shall make reasonable efforts to compile a pertinent medical and mental health history of each of the prospective adoptee's parents, if available to the agency, and to make the history available to the prospective adoptive parent.

Later received information

(c)(1) If, after adoption, a child placement agency receives medical or mental health information about the adoptee or adoptee's former parent, the agency shall make reasonable efforts to make the information available to the adoptive parent.
(2) If, after adoption, the adoptive parent requests additional information, the child placement agency shall make reasonable efforts to notify the former parent, at the former parent's last known address available to the agency, of the request and the reason for the request.

Exclusion of identifying information

(d) A medical or mental health history compiled under this section may not contain identifying information as to a parent.

§ 5-3A-40. Court and agency records

Access

(a)(1)(i) On request of an adoptee or adoptive or former parent of an adoptee and without a showing of a need, a child placement agency shall provide information, other than identifying information, in its adoption record on the adoptee.
(ii) If a child placement agency denies a request under this paragraph, then on petition of an adoptee or adoptive or former parent and without a showing of need, a court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the agency's record on the adoptee.
(2) On petition of an adoptee or adoptive or former parent of an adoptee and without a showing of need, a court shall order access for the petitioner to inspect, in accordance with subsection (b) of this section, the court's record on the adoptee.

Protection of identifying information

(b) A court may not order opened for inspection under this section any part of a record that contains identifying information.

§ 5-3A-41. Urgently needed medical information

Hearing on need

(a) If, after a hearing on petition of an adoptee or former parent, a court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in agency and court records, the court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.

Role of intermediary

(b) An intermediary appointed under this section:
(1) only may advise an adoptee or former parent of the need for medical information; and
(2) may not:
(i) reveal any identifying information about an adoptee or former parent; or
(ii) try, in any manner, to encourage or discourage contact between an adoptee and former parent.

Report to court

(c) An intermediary appointed under this section shall file with the appointing court a confidential written report on the intermediary's efforts to contact an adoptee or former parent.

Disclosure by court
(d) When a court receives a report from an intermediary, the court may disclose to the adoptee or former parent, without revealing identifying information about the adoptee or any former parent:
(1) whether the intermediary advised the adoptee or former parent about the need for medical information; and
(2) medical information that the adoptee or former parent provided.

Compensation

(e) Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.

§ 5-3A-42. Vital records

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) "Director" means the State Director of Social Services.
(3) "Secretary" means the Secretary of Health and Mental Hygiene.

Scope of section

(b) This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000.

Construction of section

 (c) This section does not bar:
(1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or
(2) the Director or a confidential intermediary from obtaining a copy of a record under § 5-4B-04(c) or § 5-4B-06(b) or (c) of this title.

Application for record

(d)(1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:
(i) the adoptee's original certificate of birth;
(ii) all records that relate to the adoptee's new certificate of birth, if any; and
(iii) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:
(i) the adoptee's original certificate of birth;
(ii) the new certificate of birth, if any, substituted, under § 4-211 of the Health--General Article, for the adoptee's original certificate of birth;
(iii) all records that relate to the adoptee's new certificate of birth; and
(iv) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(3) Each applicant under this subsection shall:
(i) provide all proof of identity and other relevant information that the Secretary requires; and
(ii) pay the fee required under Title 4, Subtitle 2 of the Health--General Article for a copy of a record.

Disclosure veto

(e)(1) A biological parent may:
(i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.
(2) An adoptee at least 21 years old may:
(i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.
(3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.

Duties of Secretary

(f)(1) The Secretary shall adopt regulations to carry out this section.
(2) Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.
(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:
(i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and
(ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.
(4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the biological parent, if that parent has filed a disclosure veto in accordance with this section.
(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under this title.

§ 5-3A-43. Access for adoptive parent

Allowed

(a) Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.

Limit on identifying information

(b) Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.

Part V. Prohibited Acts

§ 5-3A-45. Prohibited payments

Prohibited act

(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1) placement of an individual to live with a preadoptive family; or
(2) an agreement for custody in contemplation of adoption.

Construction of section

(b)(1) In this subsection, "Administration" means the Social Services Administration of the Department.
(2) This section does not:
(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or
(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
1. the reimbursement is in accordance with standards set by regulation of the Administration; and
2. the ability to provide this reimbursement does not affect:
A. the acceptability of any individual for adoptive services; or
B. the choice of the most suitable prospective adoptive parent.

Duty of State's Attorney

(c) Each State's Attorney shall enforce this section.

Subtitle 3B. Independent Adoption

Part I. General Provisions

§ 5-3B-01. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Identifying information

(b) "Identifying information" means information that reveals the identity or location of an individual.

Parent

(c)(1) "Parent" means an individual who, at any time before a court enters an order for adoption under this subtitle:
(i) meets a criterion in § 5-3B-05(a) of this subtitle; or
(ii) is the mother.
(2) "Parent" does not include an individual whom a court has adjudicated not to be a father or mother.

Prospective adoptee

(d) "Prospective adoptee" means an individual who is the subject of a petition for adoption under this subtitle.

§ 5-3B-02. Scope of subtitle; effect

Application

(a) This subtitle applies only to an adoption that is arranged other than by a child placement agency.

Effect

(b) Except as expressly provided in this subtitle, it does not affect an adoption:
(1) for which a court entered an order on or before December 31, 2005; or
(2) pending on January 1, 2006.

§ 5-3B-03. Statement of findings; purposes

Statement of findings

(a) The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary.

Purposes

(b) The purposes of this subtitle are to:
(1) timely provide permanent and safe homes for children consistent with their best interests;
(2) protect children from unnecessary separation from their parents;
(3) ensure adoption only by individuals fit for the responsibility;
(4) protect parents from making hurried or ill-considered agreements to terminate their parental rights;
(5) protect prospective adoptive parents by giving them information about prospective adoptees and their backgrounds; and
(6) protect adoptive parents from future disturbances of their relationships with adoptees by former parents.

§ 5-3B-04. Foreign orders

"Order" defined

(a) In this section, "order" includes any action that, under the laws of another jurisdiction, has the force and effect of a comparable judicial order under this subtitle.

Order of another state

(b) In accordance with the United States Constitution, this State shall accord full faith and credit to:
(1) an order of another state as to adoption or guardianship in compliance with the other state's laws; and
(2) termination of parental rights in compliance with the other state's laws.

Other foreign orders

(c) As to a jurisdiction other than a state:
(1) an order for adoption or guardianship entered in compliance with the jurisdiction's laws shall have the same legal effect as an order for adoption or guardianship entered in this State; and
(2) termination of parental rights in compliance with the jurisdiction's laws shall have the same legal effect as termination of parental rights in this State.

Construction

(d) This section may not be construed to require an individual to petition a court in this State for adoption of an adoptee if:
(1) the individual adopted the adoptee in compliance with the laws of a jurisdiction other than a state; and
(2) the United States Citizenship and Immigration Services verifies the validity of that adoption by granting, under the federal Immigration and Nationality Act, an IR-3 visa for the adoptee.

§ 5-3B-05. Paternity

In general

(a) Unless a court excludes a man as the father of a child, a man is the father if:
(1) the man was married to the child's mother at the time of the child's conception;
(2) the man was married to the child's mother at the time of the child's birth;
(3) the man is named as the father on the child's birth certificate and has not signed a denial of paternity;
(4) the child's mother has named the man as the child's father and the man has not signed a denial of paternity;
(5) the man has been adjudicated to be the child's father;
(6) the man has acknowledged himself, orally or in writing, to be the child's father and the mother agrees; or
(7) on the basis of genetic testing, the man is indicated to be the child's biological father.

Notice and hearing on paternity claim

(b)(1) A petitioner under this subtitle shall give a court notice that a man who is not named in the petition and has not been excluded as a father claims paternity.
(2) After a request of a party or claimant and before ruling on a petition for adoption under this subtitle, a court shall hold a hearing on the issue of paternity.

§ 5-3B-06. Appointed counsel

Parent

(a)(1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:
(i) has a disability that makes the parent incapable of effectively participating in the case; or
(ii) when the parent must decide whether to consent to adoption, is still a minor.
(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.

Prospective adoptee

(b)(1) In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:
(i) has a disability that makes the prospective adoptee incapable of effectively participating in the case; and
(ii) when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old.
(2) To determine whether a disability makes a prospective adoptee incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the prospective adoptee.

Dual representation

(c) An attorney or firm:
(1) may represent more than one party in a case under this subtitle only if the Maryland Lawyers' Rules of Professional Conduct allow; and
(2) may not represent a prospective adoptive parent and parent in the same adoption case.

Compensation

(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.

§ 5-3B-07. Agreement for postadoption contact

Authorized

(a)(1) A prospective adoptive parent and parent of a prospective adoptee may enter into a written agreement to allow contact, after the adoption, between:
(i) the parent or other relative of the adoptee; and
(ii) the adoptee and adoptive parent.
(2) An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:
(i) a relative or former parent of the adoptee; and
(ii) the adoptee or adoptive parent.

Construction of agreement

(b) An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.

Dissemination; redaction

(c) An individual who prepares an agreement described in subsection (a)(1) of this section:
(1) shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle; and
(2) if the agreement so provides, shall redact identifying information from the copies.

Effect of noncompliance

(d) Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, adoption.

Mediation

(e) If a dispute as to an agreement made under this section arises, a court may order the parties to engage in mediation to try to resolve the dispute.

Enforcement

(f)(1) A court shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee's best interests.
(2) If a party moves to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee's best interests, the court may modify the agreement.

§ 5-3B-08. Assessment of costs

Independent counsel and counseling

(a) A court may order an adoptive parent to pay, wholly or partly, reasonable fees for a former parent's:
(1) independent counsel; or
(2) adoption counseling or guidance for a reasonable time.

Other costs

(b) Except as provided in subsection (a) of this section, a court may assign among the parties to a case under this subtitle counsel fees, counseling or guidance fees, and costs of testing under § 5-3B-05 of this subtitle, as the court considers appropriate.

§ 5-3B-09. Appeal

A party to a case under this subtitle may appeal to the Court of Special Appeals from an interlocutory or final order.

Part II. Adoption Proceeding

§ 5-3B-12. Authority to place child for adoption

Except for a child being placed for adoption with a relative of the child, by blood or marriage within 4 degrees of affinity or consanguinity under the civil law rule, a parent or grandparent may place a child for adoption only if:
(1) a petition for adoption is filed in court; and
(2) the court, by order, sanctions the placement pending final action on the petition.

§ 5-3B-13. Petition

Eligible adoptee

(a) Any adult or minor may be adopted under this subtitle.

Petitioner

(b)(1) Any adult may petition a court for adoption.
(2) If a petitioner is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce;
(ii) is not competent to join in the petition; or
(iii) 1. is a parent of the prospective adoptee; and
2. has consented to the adoption in accordance with this subtitle.

Pending case

(c) Before a petition is filed under this subtitle, a petitioner shall move for, and a court shall order that, a case pending under Subtitle 3 of this title be closed.

Amended petition

(d) If the marital status of a petitioner changes before entry of an order under this subtitle, the petitioner shall amend the petition accordingly.

§ 5-3B-14. Notice of filing

A court shall give notice of the filing of an adoption petition to each individual whose consent has been filed under this subtitle and who has not waived the right to notice.

§ 5-3B-15. Order to show cause

Scope of section.

(a) Subsection (b) of this section does not apply to an adoption by a spouse of the prospective adoptee's parent or a relative of the prospective adoptee.

Issuance of order.
(b) A court shall issue a show cause order that includes advice as to the parent's rights to:
(1) have independent counsel; and
(2) receive adoption counseling and guidance.

Requirement

(c) On issuance of a show cause order as to a prospective adoptee, a petitioner shall serve the order:
(1) on each of the prospective adoptee's living parents who has not consented to the adoption; and
(2) if the prospective adoptee is at least 10 years old and has not consented to the adoption, on the prospective adoptee.

Method

(d) Service under this section shall be by:
(1) personal service; or
(2) certified mail, restricted delivery, return receipt requested.

Parental address

(e) Service under this section shall be attempted at the parent's last address known to the petitioner.

Publication

(f)(1) If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.
(2) Notice under this subsection shall consist of substantially the following statement:

To: (Father's name) To: (Mother's name) To: Unknown parent

"You are hereby notified that an adoption case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother's and father's names and dates of birth) shall file a written response. A copy of the show cause order may be obtained from the clerk's office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child."
(3) Service under this subsection shall be by:
(i) publication at least once in one or more newspapers in general circulation in the county where the petition is filed or, if different, where the parent's last address known to the petitioner is located; and
(ii) posting for at least 30 days on a website of the Department.
(4) The Department may charge a petitioner a reasonable fee to cover the cost of posting.

§ 5-3B-16. Investigation

Consensual adoption petition

(a) Before ruling on a consensual adoption petition under § 5-3B-20(1) of this subtitle, a court may order any investigation that the court considers necessary.

Nonconsensual adoption petition

(b) Before ruling on a nonconsensual adoption petition under §§ 5-3B-20(2) and 5-3B-22 of this subtitle, a court shall order an appropriate agency to investigate and submit a report that includes summaries of:
(1) the prospective adoptee's emotional ties with and feelings toward the prospective adoptee's parents, the prospective adoptee's siblings, and others who may affect the prospective adoptee's best interests significantly; and
(2) the prospective adoptee's adjustment to:
(i) community;
(ii) home; and
(iii) school.

§ 5-3B-17. Hearing on petition

A court shall hold a hearing before entering an order for adoption under this subtitle.

§ 5-3B-18. Time limit

A court may not enter an order for adoption under this subtitle until expiration of the revocation period.

§ 5-3B-19. Considerations

In general

(a) In ruling on a petition for a prospective adoptee's adoption under this subtitle, a court shall consider:
(1) all factors necessary to determine the prospective adoptee's best interests; and
(2) any report prepared for the court.

Marriage

(b) In ruling on an adoption petition under this subtitle, a court may not deny the petition solely because the petitioner is single or unmarried.

§ 5-3B-20. Authority to grant adoption

A court may enter an order for adoption only if:

(1)(i) 1. each of the prospective adoptee's living parents consents:
A. in writing; or
B. by failure to timely file notice of objection after being served with a show cause order in accordance with this subtitle;
2. an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; or
3. parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-3B-04 of this subtitle; and
(ii) if the prospective adoptee is at least 10 years old, the prospective adoptee consents; or
(2) in accordance with § 5-3B-22 of this subtitle, the court orders adoption without consent otherwise required under this section.

§ 5-3B-21. Consent

Contents

(a)(1) Consent of a parent may include a waiver of rights to notice of:
(i) the filing of a petition under this subtitle; and
(ii) further proceedings under this subtitle.
(2) Consent to adoption under this subtitle is not valid unless the consent:
(i) is given after the prospective adoptee is born;
(ii) is given in a language that the party understands;
(iii) if given in a language other than English:
1. is given before a judge on the record; or
2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(iv) contains an express notice of:
1. the right to revoke consent, at any time within 30 days after the consent is signed;
2. the search rights of adoptees and parents under § 5-3B-29 of this subtitle and the search rights of adoptees, siblings, and parents under Subtitle 4B of this title; and
3. the right to file a disclosure veto under § 5-3B-29 of this subtitle;
(v) except as to an adoption by a spouse of the prospective adoptee's parent or a relative of the prospective adoptee, states that the parent has been advised of the parent's rights to:
1. have independent counsel; and
2. receive adoption counseling and guidance;
(vi) states whether the parent chose to have or not have counsel or counseling; and
(vii) is accompanied by an affidavit of counsel appointed under § 5-3B-06 of this subtitle stating that a parent who is a minor or has a disability gives consent knowingly and voluntarily.

Revocation period

(b)(1)(i) Subject to subparagraph (ii) of this paragraph, a parent may revoke consent at any time within 30 days after the parent signs the consent.
(ii) A parent may not revoke consent for adoption of a prospective adoptee if:
1. in the preceding year, the parent has revoked consent for or filed a notice of objection to adoption of the prospective adoptee; and
2. the child is at least 30 days old and consent is given before a judge on the record.
(2) A prospective adoptee may revoke consent at any time before a court enters an order of adoption under this subtitle.

§ 5-3B-22. Nonconsensual adoption

Scope of section

(a) This section applies only if a parent affirmatively withholds consent by filing a notice of objection.

Custodian

(b)(1) A court may allow adoption, without parental consent otherwise required under this subtitle, by a petitioner who has exercised physical care, control, or custody over the prospective adoptee for at least 180 days, if the court finds by clear and convincing evidence that:
(i) the parent has not had custody of the prospective adoptee for at least 1 year;
(ii) the prospective adoptee has significant emotional ties to and feelings for the petitioner; and
(iii) the parent:
1. has not maintained meaningful contact with the prospective adoptee while the petitioner had custody, notwithstanding an opportunity to do so;
2. has failed to contribute to the prospective adoptee's physical care and support, notwithstanding the ability to do so;
3. has subjected the prospective adoptee to:
A. chronic abuse;
B. chronic and life-threatening neglect;
C. sexual abuse; or
D. torture;
4. has been convicted of abuse of any offspring;
5. has been convicted, in any state or any court of the United States, of:
A. a crime of violence against:
I. a minor offspring of the parent;
II. the child; or
III. another parent of the child; or
B. aiding or abetting, conspiring, or soliciting to commit a crime described in subitem A of this item; or
6. has, other than by consent, lost parental rights to a sibling of the prospective adoptee.
(2) If a court finds that an act or circumstance listed in paragraph (1)(iii)3 or 5 of this subsection exists, the court shall make a specific finding, based on facts in the record, whether return of the prospective adoptee to the custody of the parent poses an unacceptable risk to the prospective adoptee's safety.
(3) In determining whether it is in the best interests of a prospective adoptee to terminate a parent's rights under this subsection, a court shall:
(i) give primary consideration to the health and safety of the prospective adoptee; and
(ii) consider the report required under § 5-3B-16 of this subtitle.

§ 5-3B-23. Custody

A court may not grant a petition under § 5-3B-22 of this subtitle solely because a parent:
(1) does not have legal custody of a prospective adoptee by reason of a divorce or legal separation; or
(2) has been deprived of custody of a prospective adoptee by an act of the other parent.

§ 5-3B-24. Accounting

Scope of section

(a) This section does not apply to an adoption by the spouse of the prospective adoptee's parent or a relative of the prospective adoptee.

Requirement

(b) A court may not enter an order under this subtitle until the petitioner files with the court an accounting of all payments and disbursements of any item of value made by or for the petitioner in connection with the adoption.
§ 5-3B-25. Effects of order for adoption

Distribution by will

(a) This subsection does not limit the right of an individual to provide for distribution of property by will.

Parent-child relationship

(b) Except as provided in § 2-123 of the Real Property Article, after a court enters an order for adoption under this subtitle:
(1) the adoptee:
(i) is the offspring of the adoptive parent for all intents and purposes; and
(ii) is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;
(2) each of the adoptee's living parents is:
(i) relieved of all parental duties and obligations to the adoptee; and
(ii) divested of all parental rights as to the adoptee; and
(3) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

Adoption of adult

(c) Adoption of an adult has the same legal effect as adoption of a minor.

§ 5-3B-26. Petition to invalidate

If a petition to invalidate an order under this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a court shall dismiss the petition.

Part III. Access to Adoption Records

§ 5-3B-28. Urgently needed medical information

Hearing on need

(a) If, after a hearing on petition of an adoptee or former parent, a court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in court records, the court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.

Role of intermediary

(b) An intermediary appointed under this section:
(1) only may advise an adoptee or former parent of the need for medical information; and
(2) may not:
(i) reveal any identifying information about an adoptee or former parent; or
(ii) try, in any manner, to encourage or discourage contact between an adoptee and former parent.

Report to court

(c) An intermediary appointed under this section shall file with the appointing court a confidential written report on the intermediary's efforts to contact an adoptee or former parent.

Disclosure by court

(d) When a court receives a report from an intermediary, the court may disclose to the adoptee or former parent, without revealing identifying information about the adoptee or any former parent:
(1) whether the intermediary advised the adoptee or a former parent about the need for medical information; and
(2) medical information that the adoptee or a former parent provided.

Compensation

(e) Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.

§ 5-3B-29. Vital records

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) "Director" means the State Director of Social Services.
(3) "Secretary" means the Secretary of Health and Mental Hygiene.

Scope of section

(b) This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000.

Construction of section

(c) This section does not bar:
(1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or
(2) the Director or a confidential intermediary from obtaining a copy of a record under § 5-4B-04(c) or § 5-4B-06(b) or (c) of this title.

Application for record

(d)(1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:
(i) the adoptee's original certificate of birth;
(ii) all records that relate to the adoptee's new certificate of birth, if any; and
(iii) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:
(i) the adoptee's original certificate of birth;
(ii) the new certificate of birth, if any, that was substituted, under § 4- 211 of the Health--General Article, for the adoptee's original certificate of birth;
(iii) all records that relate to the adoptee's new certificate of birth; and
(iv) the report of the adoptee's order of adoption filed by the clerk of court under § 4-211 of the Health--General Article.
(3) Each applicant under this subsection shall:
(i) provide all proof of identity and other relevant information that the Secretary requires; and
(ii) pay the fee required under Title 4, Subtitle 2 of the Health--General Article for a copy of a record.

Disclosure veto

(e)(1) A biological parent may:
(i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.
(2) An adoptee 21 years old may:
(i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.
(3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.

Duties of Secretary

(f)(1) The Secretary shall adopt regulations to carry out this section.
(2) Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.
(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:
(i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and
(ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.
(4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the biological parent, if that parent has filed a disclosure veto in accordance with this section.
(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under this title.

§ 5-3B-30. Access for adoptive parent

Allowed

(a) Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.

Limit on identifying information

(b) Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.

Part IV. Prohibited Act

§ 5-3B-32. Prohibited payments

Prohibited act

(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1) placement of an individual to live with a preadoptive family; or
(2) an agreement for custody in contemplation of adoption.

Construction of section

(b) This section does not prohibit payment, by an interested person, of a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical services.

Duty of State's Attorney

(c) Each State's Attorney shall enforce this section.
(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.

Subtitle 4. Adoption Subsidy Act

Part I. Definitions; General Provisions

§ 5-401. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Administration

(b) "Administration" means the Social Services Administration of the Department.

Eligible child

(c) "Eligible child" means a minor as to whom:
(1)(i) guardianship has been awarded to a child placement agency under Subtitle 3 of this title; or
(ii) consensual adoption has been ordered under § 5-338 of this title; and
(2) a determination has been made by a local department under § 5-403 of this subtitle that a subsidy is necessary to ensure the child's adoption because of the child's special circumstances.

Subsidy

(d) "Subsidy" means:
(1) a money payment;
(2) medical care;
(3) medical assistance; or
(4) special services.

§ 5-402. Purpose of subtitle

The purpose of this subtitle is to make possible, through a public subsidy, the most appropriate adoption of each eligible child.

§ 5-403. Eligibility for subsidy

The local department shall determine whether a subsidy is necessary to assure a child's adoption because of the child's special circumstances, including:
(1) physical or mental disability;
(2) emotional disturbance;
(3) recognized high risk of physical or mental disease;
(4) age;
(5) sibling relationship; and
(6) racial or ethnic factors.

Part II. Adoption Subsidy Program

§ 5-406. Program established

Each local department shall establish and administer an adoption subsidy program for eligible children.

§ 5-407. Financing of program

Money payments and services

(a) Money payments and special services under the adoption subsidy program shall be funded by:
(1) appropriations to a local department for the maintenance of children in foster care; and
(2) money that is made available to a local department from other sources.

Medical assistance and medical care

(b) Medical assistance and medical care under the adoption subsidy program shall be funded by:
(1) savings for the fiscal year by the Department of Health and Mental Hygiene and the Department of Human Resources that are attributable to adoptions under this subtitle; and
(2) appropriations to the Department of Human Resources for the adoption subsidy program.

Reimbursement to Department of Health and Mental Hygiene

(c) The Administration may reimburse the Department of Health and Mental Hygiene for the cost of medical assistance and medical care directly or through a contract with the Department.

§ 5-408. Eligibility

Eligibility of child

(a) A subsidy may not be denied to an eligible child on the ground that the eligible child had a condition that was not known or discovered at the time of the adoption.

Eligibility of prospective adoptive parent

(b) An individual who has been approved by a child placement agency as an appropriate adoptive parent and who seeks to adopt an eligible child is eligible to receive a subsidy on behalf of the eligible child regardless of the individual's income or other eligibility factors.

Effect of dissolved adoption or death of adoptive parents

(c) A subsidy may not be denied to a child whose adoption has been dissolved or whose adoptive parents have died if the child received an adoption subsidy during the child's prior adoption and the child continues to meet the criteria set forth in § 5-403 of this subtitle.

Effect of adoptive parent moving from State

(d) The subsidy may not be discontinued solely because the adoptive parent moves from this State with the eligible child.

Continuation of subsidy

(e) A subsidy may continue to be provided for an eligible child to an adult who is qualified to assume responsibility and who assumes responsibility for the care and welfare of the child upon the death or incapacitation of the child's adoptive parent.

§ 5-409. Application

Filing

(a) To apply for a subsidy on behalf of an eligible child, an individual who is a prospective adoptive parent of the eligible child shall file an application for a subsidy with the local department.

Evidence to be appended

(b)(1) The director of the local department shall append to the application evidence of inability, after all reasonable efforts, to place the eligible child, without a subsidy, with an appropriate adoptive parent because of the special circumstances.
(2) If the director of the local department determines that the eligible child has established emotional ties with a prospective adoptive parent who is the child's foster parent, evidence of efforts to place the child with another prospective adoptive parent is not required.

§ 5-410. Written agreement for subsidy

Time for making agreement

(a)(1) Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy.
(2) In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy.

Commencement of subsidy

(b) A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree.

Nature, amount, and duration of subsidy

(c)(1) The nature, amount, and duration of the subsidy shall be determined by:
(i) the needs of the eligible child because of the eligible child's special circumstances; and
(ii) the availability of other resources to meet the eligible child's needs.
(2) The subsidy may be for a limited or a long period of time.
(3) The subsidy shall be in an amount that is not more than:
(i) the allowable amount for a child under foster family care in this State, or if placement is in another state, the allowable amount for a child under foster family care in that state, whichever is higher;
(ii) in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or
(iii) if the subsidy is for a special service, a reasonable fee for that service.

Annual reapplication and reapproval

(d)(1) If, under a subsidy agreement, the subsidy does not terminate in the first year after the final decree of adoption is passed, the subsidy is subject to annual reapplication, reevaluation, and reapproval by the local department.
(2) A subsidy agreement shall include a notice of the annual reapplication requirement.

§ 5-410.1. Nonrecurring adoption expenses; reimbursement

Reimbursement for nonrecurring adoption expenses

(a) If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.

Eligibility for reimbursement

(b) An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:
(1) the child should not be returned to its biological parents;
(2) the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and
(3) except where it would be against the best interests of the child, previous adoption attempts have been made without assistance and were unsuccessful.

Application filed with the Department

(c) Application for nonrecurring adoption expenses shall be filed with the Department:
(1) prior to the order; and
(2) on a form provided by the Department.

Written agreement

(d)(1) Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.
(2) Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the adoption order.
(3) The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the adoption order if the order:
(i) was entered between January 1, 1987 and July 1, 1990; or
(ii) was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.
(4) Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under paragraph (3) of this subsection shall:
(i) enter into a written agreement with the Department; and
(ii) file all claims no later than December 14, 1990.

Limit of reimbursement

(e) Reimbursement for nonrecurring adoption expenses is limited to a maximum of $2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:
(1) adoption fees;
(2) court costs and reasonable attorney's fees;
(3) health examinations;
(4) transportation costs; and
(5) food and lodging costs incurred during preplacement visits.

Claims filed within 2 years

(f) Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years after the order.

§ 5-411. Administrative and judicial review

An individual who is aggrieved by a final decision of the director of a local department that denies eligibility or reduces or terminates a subsidy in a contested case may:
(1) appeal that decision to the administrative appellate authority designated by rule or regulation; and
(2) then take any further appeal allowed by the Administrative Procedure Act.

§ 5-412. Regulations

The Director of the Administration shall adopt regulations to carry out the provisions of this subtitle.

Part II. Adoption Subsidy Program

§ 5-406. Program established

Each local department shall establish and administer an adoption subsidy program for eligible children.

§ 5-407. Financing of program

Money payments and services

(a) Money payments and special services under the adoption subsidy program shall be funded by:
(1) appropriations to a local department for the maintenance of children in foster care; and
(2) money that is made available to a local department from other sources.

Medical assistance and medical care

(b) Medical assistance and medical care under the adoption subsidy program shall be funded by:
(1) savings for the fiscal year by the Department of Health and Mental Hygiene and the Department of Human Resources that are attributable to adoptions under this subtitle; and
(2) appropriations to the Department of Human Resources for the adoption subsidy program.

Reimbursement to Department of Health and Mental Hygiene

(c) The Administration may reimburse the Department of Health and Mental Hygiene for the cost of medical assistance and medical care directly or through a contract with the Department.

§ 5-408. Eligibility

Eligibility of child

(a) A subsidy may not be denied to an eligible child on the ground that the eligible child had a condition that was not known or discovered at the time of the adoption.

Eligibility of prospective adoptive parent

(b) An individual who has been approved by a child placement agency as an appropriate adoptive parent and who seeks to adopt an eligible child is eligible to receive a subsidy on behalf of the eligible child regardless of the individual's income or other eligibility factors.

Effect of dissolved adoption or death of adoptive parents

(c) A subsidy may not be denied to a child whose adoption has been dissolved or whose adoptive parents have died if the child received an adoption subsidy during the child's prior adoption and the child continues to meet the criteria set forth in § 5-403 of this subtitle.

Effect of adoptive parent moving from State

(d) The subsidy may not be discontinued solely because the adoptive parent moves from this State with the eligible child.

Continuation of subsidy

(e) A subsidy may continue to be provided for an eligible child to an adult who is qualified to assume responsibility and who assumes responsibility for the care and welfare of the child upon the death or incapacitation of the child's adoptive parent.

§ 5-409. Application

Filing

(a) To apply for a subsidy on behalf of an eligible child, an individual who is a prospective adoptive parent of the eligible child shall file an application for a subsidy with the local department.

Evidence to be appended

(b)(1) The director of the local department shall append to the application evidence of inability, after all reasonable efforts, to place the eligible child, without a subsidy, with an appropriate adoptive parent because of the special circumstances.
(2) If the director of the local department determines that the eligible child has established emotional ties with a prospective adoptive parent who is the child's foster parent, evidence of efforts to place the child with another prospective adoptive parent is not required.

§ 5-410. Written agreement for subsidy

Time for making agreement

(a)(1) Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy.
(2) In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy.

Commencement of subsidy

(b) A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree.

Nature, amount, and duration of subsidy

(c)(1) The nature, amount, and duration of the subsidy shall be determined by:
(i) the needs of the eligible child because of the eligible child's special circumstances; and
(ii) the availability of other resources to meet the eligible child's needs.
(2) The subsidy may be for a limited or a long period of time.
(3) The subsidy shall be in an amount that is not more than:
(i) the allowable amount for a child under foster family care in this State, or if placement is in another state, the allowable amount for a child under foster family care in that state, whichever is higher;
(ii) in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or
(iii) if the subsidy is for a special service, a reasonable fee for that service.

Annual reapplication and re approval

(d)(1) If, under a subsidy agreement, the subsidy does not terminate in the first year after the final decree of adoption is passed, the subsidy is subject to annual reapplication, reevaluation, and re approval by the local department.
(2) A subsidy agreement shall include a notice of the annual reapplication requirement.

§ 5-410.1. Nonrecurring adoption expenses; reimbursement

Reimbursement for nonrecurring adoption expenses

(a) If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.

Eligibility for reimbursement

(b) An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:
(1) the child should not be returned to its biological parents;
(2) the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and
(3) except where it would be against the best interests of the child, previous adoption attempts have been made without assistance and were unsuccessful.

Application filed with the Department

(c) Application for nonrecurring adoption expenses shall be filed with the Department:
(1) prior to the order; and
(2) on a form provided by the Department.

Written agreement

(d)(1) Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.
(2) Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the adoption order.
(3) The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the adoption order if the order:
(i) was entered between January 1, 1987 and July 1, 1990; or
(ii) was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.
(4) Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under paragraph (3) of this subsection shall:
(i) enter into a written agreement with the Department; and
(ii) file all claims no later than December 14, 1990.

Limit of reimbursement

(e) Reimbursement for nonrecurring adoption expenses is limited to a maximum of $2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:
(1) adoption fees;
(2) court costs and reasonable attorney's fees;
(3) health examinations;
(4) transportation costs; and
(5) food and lodging costs incurred during preplacement visits.

Claims filed within 2 years

(f) Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years after the order.

§ 5-411. Administrative and judicial review

An individual who is aggrieved by a final decision of the director of a local department that denies eligibility or reduces or terminates a subsidy in a contested case may:
(1) appeal that decision to the administrative appellate authority designated by rule or regulation; and
(2) then take any further appeal allowed by the Administrative Procedure Act.

Subtitle 4A. Interstate Compact on Adoption and Medical Assistance

§ 5-4A-01. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Administration

(b) "Administration" means the Social Services Administration of the Department.

Adoption assistance state

(c) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.

Residence state

(d) "Residence state" means the state where the child lives.

§ 5-4A-02. Legislative findings; purpose of subtitle

Legislative findings

(a) The General Assembly finds that:
(1) locating adoptive families for children who are eligible to receive State assistance and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and
(2) providing medical and other necessary services for children, with State assistance, is more difficult when the services are provided in other states.

Purpose of subtitle

(b) The purposes of this subtitle are to:
(1) authorize the Administration to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided; and
(2) provide procedures for interstate adoption assistance payments, including medical payments.

§ 5-4A-03. Interstate compacts; power to create

Administration may develop and enter into interstate compacts

(a) The Administration may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes of this subtitle.

Force and effect of compact

(b) When entered into, and for so long as it shall remain in force, the compact shall have the force and effect of law.

§ 5-4A-04. Interstate compacts; contents

Contents of interstate compacts

(a) A compact entered into pursuant to § 5-4A-03 of this subtitle shall include:
(1) a provision making the compact available for joinder by all states;
(2) a provision for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;
(3) a requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode; and
(4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that the adoption assistance agreement be expressly for the benefit of the adopted child and enforceable by both the adoptive parents and the state agency providing the adoption assistance.

Medical and social services for child

(b) A compact entered into pursuant to § 5-4A-03 of this subtitle may include a provision establishing procedures and entitlements to medical or other necessary social services for the child in accordance with applicable laws even though the child and the adoptive parents are in a state other than the state responsible for providing the services or the funds to defray part or all of the costs.

§ 5-4A-05. Adoption assistance agreements with another state; special needs children; entitlement to medical assistance identification

Medical assistance identification for special needs child adopted from another
state

(a)(1) A child with special needs who resides in this State and who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this State upon filing with the Administration a certified copy of the adoption assistance agreement obtained from the adoption assistance state which certifies to the eligibility of the child for medical assistance.
(2) The adoptive parents shall be required at least annually to show that the adoption assistance agreement is still in force or has been renewed.

Benefits for a medical assistance identification holder

(b) The Administration shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

Reciprocal agreements

(c)(1) This section shall apply only to medical assistance for children under adoption assistance agreements from states that provide medical assistance to children with special needs under adoption assistance agreements made by this State.
(2) All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the applicable laws and procedures.

§ 5-4A-06. False, misleading or fraudulent claims or statements

A person who submits a claim for payment or for reimbursement for services or benefits or makes a statement in connection with a claim for payment or reimbursement for services or benefits pursuant to § 5-4A-05 of this subtitle which the person knows or should know is false, misleading, or fraudulent is guilty of perjury and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.

§ 5-4A-07. Regulations

The Administration may adopt regulations necessary to carry out this subtitle.

§ 5-4A-08. Federal law; federal aid

Compacts consistent with federal law

(a) Consistent with federal law, the Department of Health and Mental Hygiene and the Department of Human Resources, in connection with the implementation and execution of this subtitle and any compact entered into pursuant to this subtitle shall include in any State plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV-(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost.

Federal aid

(b) The Departments shall apply for and administer all relevant federal aid in accordance with law.

Subtitle 4B. Adoption Search, Contact, and Reunion Services (Refs & Annos)

§ 5-4B-01. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Administration

(b) "Administration" means the Social Services Administration of the Department.

Confidential intermediary

(c) "Confidential intermediary" means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle.

Director

(d) "Director" means the Director of the Administration.

Member of the adoptive family

(e) "Member of the adoptive family" means an adoptive parent, grandparent, brother, or sister of an adopted individual.

Relative

(f) "Relative" means a parent, brother, sister, child, aunt, or uncle of a biological parent.

Search, contact, and reunion services

(g) "Search, contact, and reunion services" means services:
(1) to locate adopted individuals, biological parents of adopted individuals, siblings of adopted individuals, and, as provided in § 5-4B-11 of this subtitle, relatives and members of the adoptive family;
(2) to assess the mutual desire for communication or disclosure of information:
(i) between adopted individuals and biological parents of adopted individuals;
(ii) between adopted individuals and siblings of adopted individuals; and
(iii) as provided in § 5-4B-11 of this subtitle, between:
1. adopted individuals and relatives; and
2. biological parents and members of the adoptive family; and
(3) to provide, or provide referral to, counseling for adopted individuals, biological parents of adopted individuals, siblings of adopted individuals, relatives, and members of the adoptive family.

Sibling

(h) "Sibling" means a brother or sister of the whole or half blood who:
(1) is at least 21 years old; and
(2) has been adopted.

§ 5-4B-02. Eligibility; fees

Who may apply for search, contact, and reunion services

(a)(1) An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services.
(2) If an adopted individual is at least 21 years old, the following individuals may apply to the Director to receive search, contact, and reunion services:
(i) a biological parent of the adopted individual; and
(ii) a sibling of the adopted individual.

Information required

(b) An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director.

Fees

(c)(1) The Director may establish a reasonable fee for the application for search, contact, and reunion services.
(2) The overall amount of fees collected may not exceed the costs of processing the applications.

Not eligible if parental rights terminated

(d) A parent who has had his or her parental rights terminated under Subtitle 3 of this title may not apply to receive search, contact, and reunion services under this subtitle.

§ 5-4B-03. Confidential intermediaries

List of confidential intermediaries

(a) The Director shall maintain a list of confidential intermediaries.

Confidential intermediary shall meet requirements

(b) To qualify to be a confidential intermediary, an applicant shall meet the requirements of subsection (d) of this section.

Child placement agency shall have a representative member

(c) If the applicant is a child placement agency, the agency shall appoint an employee of the agency as the representative member to make the application on behalf of the agency.

Requirements for confidential intermediaries

(d)(1) If the applicant is an individual, the applicant shall:
(i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and
(ii) meet any other qualifications that the Director establishes for confidential intermediaries.
(2) If the applicant is a child placement agency, each employee who will provide search, contact, and reunion services under this subtitle shall:
(i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and
(ii) meet any other qualifications that the Director establishes for confidential intermediaries.

Fees

(e)(1) The Director may establish a reasonable fee for an application under this section.
(2) The overall amount of fees collected may not exceed the costs of processing the applications.

§ 5-4B-04. Duties of Director

Provide list of confidential intermediaries

(a) Except as provided in subsection (b) of this section, the Director shall provide the list of confidential intermediaries to an individual who applies for search, contact, and reunion services.

Refer individual to child placement agency

(b) The Director shall refer an individual who applies for search, contact, and reunion services to the child placement agency that placed the child for adoption if:
(1) the identity of the child placement agency that placed the child for adoption is known; and
(2) the child placement agency is a confidential intermediary, as defined in § 5-4B-01 of this subtitle.

Determination of identity of child placement agency

(c)(1) If the identity of the child placement agency that placed the child for adoption is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption.
(2) For purposes of paragraph (1) of this subsection, the Director shall have access to any information that is contained in a birth record or public record described in § 5-4B-06(b)(1) or (c)(1) of this subtitle.
(3)(i) The Director may charge an individual who applies for search, contact, and reunion services a reasonable fee for a search conducted in accordance with paragraph (2) of this subsection.
(ii) The overall amount of fees collected may not exceed the costs of providing the search.
(4) The Director shall forward any information obtained from a search conducted in accordance with paragraph (2) of this subsection to the confidential intermediary for purposes of providing search, contact, and reunion services.

§ 5-4B-05. Agreements for search, contact, and reunion services

Written agreement

(a) An individual who applies for search, contact, and reunion services shall execute a written agreement with a confidential intermediary concerning the provision of search, contact, and reunion services.

Fees

(b)(1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services.
(2) The overall amount of fees collected may not exceed the costs of providing the services.

Duties of confidential intermediary

(c) The confidential intermediary shall promptly:
(1) file the executed agreement with the Director; and
(2) attempt to contact the adopted individual, the biological parent, or the sibling sought by the applicant.

§ 5-4B-06. Authorization for disclosure of information

Authorization for disclosure of information from the Director

(a) The Director or the Adoption Program Manager of the Department may authorize a confidential intermediary to obtain information described in subsection (b) or (c) of this section to locate an individual sought by an applicant.

Access to information held by the Secretary of Health and Mental Hygiene

(b)(1) Subject to paragraph (2) of this subsection, a confidential intermediary may apply to the Secretary of Health and Mental Hygiene for a copy of the following:
(i) the original certificate of birth and any records that relate to the new certificate of birth of an adopted individual;
(ii) the new certificate of birth that was substituted for the original certificate of birth of an adopted individual under § 4-211 of the Health-General Article; and
(iii) the report of the decree or judgment of adoption filed by the clerk of the court under § 4-211 of the Health-General Article.
(2) To apply for a copy of a record listed in paragraph (1) of this subsection, a confidential intermediary shall submit to the Secretary of Health and Mental Hygiene a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.
(3) If a confidential intermediary complies with paragraph (2) of this subsection, the Secretary of Health and Mental Hygiene shall give a copy of a record requested under this subsection that is on file with the Secretary to the confidential intermediary.

Access to information contained in a public record

(c)(1) Subject to paragraph (2) of this subsection, a confidential intermediary may access any information that is contained in a public record, as defined in § 10-611 of the State Government Article, including a court record.
(2) To have access to information contained in a public record, a confidential intermediary shall submit to the custodian of a public record a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.
(3) If a confidential intermediary complies with paragraph (2) of this subsection, a custodian shall permit inspection of a public record requested under this subsection by the confidential intermediary.

§ 5-4B-07. Confidential intermediary report

Contents of report

(a) Within 90 days after executing a search, contact, and reunion services agreement under § 5-4B-05 or § 5-4B-11 of this subtitle, a confidential intermediary shall file a report with the Director stating that:
(1) the individual contacted by the confidential intermediary consents to the disclosure of specified information;
(2) the individual contacted by the confidential intermediary does not consent to the disclosure of any information;
(3) the individual sought by the confidential intermediary has not been located; or
(4) the individual sought by the confidential intermediary is deceased.

Deceased individuals

(b) If the individual sought by the confidential intermediary is deceased, the confidential intermediary shall indicate in the report whether any relatives or members of the adoptive family were contacted, as provided in § 5-4B-11 of this subtitle, and whether those individuals consent to the disclosure of information.

Confidentiality of report

(c) The report and any documents filed in accordance with this section are confidential.

§ 5-4B-08. Written consent; disclosure of information

Written consent

(a)(1) If an individual contacted by a confidential intermediary consents to the disclosure of any information, the confidential intermediary shall obtain the written consent of the individual witnessed by a notary public.
(2) The written consent shall specify the nature of the information to be disclosed.

Disclosure of authorized information

(b)(1) If a confidential intermediary obtains written consent under subsection (a) of this section, the confidential intermediary shall disclose the information specified in the consent to the individual who applied for search, contact, and reunion services.
(2) The confidential intermediary shall disclose only the information that has been authorized by the written consent.

§ 5-4B-09. Non-consent to disclosure of information

If an individual contacted by a confidential intermediary does not consent to the disclosure of any information, the confidential intermediary:
(1) may not disclose any information concerning the individual contacted;
(2) shall refrain from further and subsequent inquiry with the individual contacted; and
(3) shall report the refusal to the individual who applied for search, contact, and reunion services.

§ 5-4B-10. Reasonable attempts to make contact

In general

(a) If a confidential intermediary files a report under § 5-4B-07 of this subtitle stating that an individual sought has not been located, the confidential intermediary shall continue to make reasonable attempts to contact the individual sought for the period specified in the search, contact, and reunion services agreement executed in accordance with § 5-4B-05 or § 5- 4B-11 of this subtitle.

Report to Director

(b) If the confidential intermediary is unsuccessful at locating the individual sought within the period specified in the search, contact, and reunion services agreement, the confidential intermediary shall file a report with the Director stating the failure to locate the individual sought.

§ 5-4B-11. Deceased individuals

May not disclose the identity of a deceased individual

(a) If an individual sought by a confidential intermediary is deceased, the confidential intermediary may not disclose the identity of the deceased to the individual who applied for search, contact, and reunion services.

May report that the individual is deceased

(b) The confidential intermediary shall report the fact that the individual sought is deceased to the individual who applied for search, contact, and reunion services.

Contact with relatives or members of adoptive family

(c)(1) If the deceased individual is a biological parent, the confidential intermediary may, with the consent of the applicant, attempt to contact a relative who is at least 21 years old to assess the willingness of the relative to communicate or exchange information with the applicant.
(2) If the deceased individual is an adopted individual, the confidential intermediary may, with the consent of the applicant, attempt to contact a member of the adoptive family who is at least 21 years old to assess the willingness of the member of the adoptive family to communicate or exchange information with the applicant.
(3) If the applicant consents to contacting a relative or member of the adoptive family, the applicant shall execute another written agreement with the confidential intermediary concerning the provision of search, contact, and reunion services under this subsection.
(4)(i) The confidential intermediary may charge the individual a reasonable fee for the additional search, contact, and reunion services described in this subsection.
(ii) The overall amount of fees collected may not exceed the costs of providing the services.
(5) The confidential intermediary shall promptly:
(i) file the executed agreement with the Director; and
(ii) attempt to contact the relative or member of the adoptive family sought by the applicant.
(6) The provisions of this subtitle shall apply to search, contact, and reunion services provided by a confidential intermediary under this subsection.

§ 5-4B-12. Regulations

The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning:
(1) the application process for search, contact, and reunion services;
(2) qualifications for a confidential intermediary;
(3) the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual, biological parent, or sibling; and
(4) the delivery and scope of search, contact, and reunion services.
Subtitle 4C. Mutual Consent Voluntary Adoption Registry (Refs & Annos)

§ 5-4C-01. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Administration

(b) "Administration" means the Social Services Administration of the Department.

Adoptee

(c) "Adoptee" means an individual:
(1) who was adopted in this State; or
(2) who was placed for adoption by:
(i) a child placement agency licensed in this State; or
(ii) a local department.

Director

(d) "Director" means the Director of the Administration.

Identifying information

(e) "Identifying information" means information that reveals the identity or location of an adoptee, the natural parents of an adoptee, or a natural sibling.

Natural father

(g) "Natural father" means a man who:
(1) was married to the adoptee's natural mother at the time of conception;
(2) was married to the adoptee's natural mother at the time of the adoptee's birth;
(3) was named as the father on the adoptee's pre-adoption birth certificate, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court;
(4) was identified by the natural mother as the father of the adoptee, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court;
(5) has been adjudicated to be the father of the adoptee; or
(6) has acknowledged himself orally or in writing to be the father of the adoptee.

Natural sibling

(h) "Natural sibling" means an individual who is at least 21 years old and shares 1 or both natural parents with an adoptee.

Registry

(i) "Registry" means the Mutual Consent Voluntary Adoption Registry.

§ 5-4C-02. Purpose of subtitle

The purpose of this subtitle is to:

(1) establish within the Administration a Mutual Consent Voluntary Adoption Registry where natural parents, adoptees, and natural siblings may register if they wish to have identifying information released to each other; and
(2) provide for the disclosure of identifying information to natural parents, adoptees, and natural siblings who have registered with the Mutual Consent Voluntary Adoption Registry.

§ 5-4C-03. Duties of Director

In general

(a) The Director shall:
(1) establish and maintain a Mutual Consent Voluntary Adoption Registry;
(2) adopt rules and regulations to carry out the provisions of this subtitle; and
(3) set and assess a reasonable fee for registrants, except that an individual may not be denied registration solely because of an inability to pay the fee.

Contract with child placement agencies

(b) The Director may contract with child placement agencies in this State to perform specific duties under this subtitle.

§ 5-4C-04. Confidentiality of information

In general

(a) Except as otherwise provided in this subtitle, or pursuant to a court order, the Administration may not disclose information contained in the Registry.

Length of time to keep information

(b) The Administration shall retain affidavits and other information collected concerning a registrant until the date specified by the registrant, or for 99 years after the date of registration, whichever occurs first.

§ 5-4C-05. Who may register

Only the following individuals may register with the Registry:
(1) an adoptee:
(i) who is at least 21 years of age; and
(ii) who does not have a natural sibling under the age of 21 years who has the same adoptive parents;
(2) a natural mother;
(3) a natural father; and
(4) a natural sibling.

§ 5-4C-06. Registration

Contents of affidavit

(a)(1) To register with the Registry, an individual shall submit a notarized affidavit containing the following information:
(i) the individual's current name and any previous name by which the individual was known;
(ii) the individual's address and telephone number;
(iii) if the individual is a natural parent of the adoptee, the original and adopted names, if known, of the adoptee;
(iv) if the individual is an adoptee who is seeking information regarding the adoptee's natural parents, any names, if known, by which the natural parents are or were known;
(v) if the individual is an adoptee who is seeking information regarding a natural sibling, any names, if known, by which the natural sibling is or was known;
(vi) if known, the place and date of birth of the adoptee;
(vii) if known, the name and address of the child placement agency, if any, that placed the adoptee;
(viii) if known, the names of the adoptive parents of the adoptee;
(ix) the name and address of the court that issued the adoption or guardianship order; and
(x) a statement of the individual's consent to be identified to other registrants.
(2) A registrant shall notify the Administration of changes in information occurring after the affidavit is filed.
(3) A registrant may withdraw from the Registry at any time by submitting a notarized affidavit to that effect to the Administration.

Necessary information only

(b)(1) The Administration shall obtain information necessary for identifying an adoptee, a natural mother of an adoptee, a natural father, or a natural sibling.
(2) The Administration may not obtain information regarding:
(i) the adoptive parents of the adoptee;
(ii) a child of the adoptive parents who is not a natural sibling; or
(iii) the financial status of the adoptive parents of the adoptee.

§ 5-4C-07. Matching of registrants

Duties of Administration

(a) On receipt of an affidavit, the Administration shall:
(1) attempt to match registrants or to provide matching information; and
(2) if a match is made, direct the child placement agency, if known, or the local department, if there is no known child placement agency, to notify the registrants through a confidential contact.

Conditions for a match

(b)(1) Except as otherwise provided in this subsection, a match is made when:
(i) an adoptee and the adoptee's natural mother and natural father register; or
(ii) 2 or more natural siblings register.
(2) A match is made when an adoptee and only 1 natural parent of the adoptee register if:
(i) notice of the filing of the petition for adoption or guardianship was given to the nonregistering parent and the parent did not participate in the judicial proceedings that terminated the parent-child relationship or declared the parent-child relationship was nonexistent;
(ii) an adoptee and the natural mother of the adoptee register and there is no known natural father;
(iii) the natural mother of the adoptee, or in the case of an agency adoption, the agency submits, or the Administration obtains from a court of competent jurisdiction in the state of the adoptee's birth or adoption, a copy of a judgment that declares that the identity of the natural father is unknown;
(iv) the Administration has information that indicates that the other natural parent is dead;
(v) notice of the filing of the petition for adoption or guardianship was not given to the nonregistering natural parent of the adoptee; or
(vi) 1 year has elapsed since the registering natural parent filed the affidavit and the nonregistering natural parent has not filed a notarized affidavit stating the nonregistering parent's refusal to permit the match.
(3) Matching information is provided:
(i) if both natural parents are deceased; and
(ii) if only an adoptee has registered.

Access to court records

(c)(1) In order to make a match or provide matching information, the Administration may inquire into the records of a child placement agency or court that issued an adoption or guardianship order.
(2) The court that issued the adoption order shall order that the Administration have access to court records on receipt of a petition from the Administration that states that review of the records is needed in order to make a match or to provide matching information under this section.
Code of Maryland ; Title 9. Family Law Actions; Chapter 100. Adoption; Guardianship Terminating Parental Rights

RULE 9-102. CONSENTS; REQUESTS FOR ATTORNEY OR COUNSELING

(a) Generally. Except when otherwise permitted by Code, Family Law Article, § 5-312, § 5-313, or § 5-313.1, a judgment of adoption or guardianship may not be entered without the consents prescribed by Code, Family Law Article, § 5-311 or § 5-317(c)(2).
(b) Revocation of Consent.
(1) Time for Revoking Consent. An individual to be adopted may revoke his or her consent at any time before entry of a judgment of adoption. Any other person or agency executing a required consent to an adoption or guardianship may revoke the consent within 30 days after the consent is signed.
(2) Procedure for Revoking. An individual may revoke a consent to an adoption or guardianship only by a signed writing actually delivered by mail or in person to the clerk of the circuit court designated in the consent to receive the revocation. An agency entitled to revoke a consent to an adoption may do so (A) by counsel on the record at the hearing required by Rule 9-109 or (B) in a writing signed by the executive head of the agency and filed with the court.
(3) Action by Court Upon Revocation. If a consent is revoked pursuant to this Rule, the court shall (A) schedule a hearing within three days to determine the status of the petition and temporary custody of the child, (B) determine the immediate custody of the child pending that hearing, and (C) send to all parties and all persons who previously consented to the adoption or guardianship, including the person who revoked the consent, a copy of the revocation, notice of the immediate custody determination, and notice of the scheduled hearing. This subsection does not apply to actions governed by Code, Family Law Article, § 5-312, § 5-313, or § 5-313.1.