Frequently Asked Questions About Adoption
Adoptions are comprised of a three-way relationship. Each member of the relationship, the biological parents(s) (also known as "birth parent(s)"), the adoptive parent(s) and the adoptive person (also called an "Adoptee") shares a journey. However, no member experiences the journey in exactly the same way. Adoption does not end at the issuing of an adoption decree, but is a lifelong journey. As such, it is important to individually explore the lifelong impact for you and the Adoptee.
The decision to adopt is an important one. To begin to understand adoption and what it may mean for you, the following basic information is provided as an overview of adoption in Maryland.
What are the types of adoptions?
In Maryland, there are two types of adoptions: agency adoptions and independent adoptions.
- Agency Adoption: An agency adoption is one in which the placement of the prospective adoptee is arranged by a child placement agency. The placement agency means the Maryland Department of Social Services (public) or a private agency. Private agencies are licensed by the state and provide a variety of services to birth and adoptive parents. Licensed agencies can be either non-profit or for profit. Agency adoptions are carried out via a two-step process. The first step is to terminate the parental rights of the birth parents. After termination, the agency becomes the guardian of the child with the right to consent to the adoption. The second step in an agency adoption is adoption by the adopting parents with the agency consenting to the adoption.
- Independent Adoption: An independent adoption (also known as a "private adoption") is an adoption that is arranged without the use of services provided by public or private adoption agencies. A license is not required and the adoption is accomplished in one step. A kind of independent adoption that is frequently encountered is "step-parent" adoption, whereby the new spouse of the biological parent of the Adoptee petitions the court to adopt the Adoptee. The parent whose parental rights are being terminated must be given the opportunity to consent or oppose the adoption but there are also statutory provisions to terminate parental rights of the biological parent over his or her objection.
Which Children are available for adoption in Maryland?
Any child who is under the age of 18 and in the care of an agency (public or private) may be available for adoption. In an independent adoption, either a minor child or an adult may be adopted. With any adoption, the biological parent whose parental rights are to be terminated must be given the opportunity to consent or oppose the adoption.
What is the legal effect of an adoption?
After adoption, the biological parent whose parental rights have been terminated is relieved of all future parental duties and obligations and loses all parental rights as to the adopted person. An order of adoption eliminates the biological parent's duty to support the Adoptee in the future only; any past obligation to support the child remains in force. In addition, unless the biological parent specifically provides for distribution of property to the Adoptee by way of a Will, the Adoptee's right to inherit through the birth parent is eliminated.
Another legal effect of an adoption is the issuance of a new birth certificate. If the Adoptee was born in Maryland, the Division of Vital Records must have proof that the court has entered an order of adoption. If the Adoptee was born outside Maryland and a Maryland court has entered an adoption, the Division of Vital Records has the authority to issue a new birth certificate.
What fees and charges may be paid by the Prospective Adoptive Parents?
In agency adoptions, the private or public agency may charge for the costs of services in connection with adoption so long as the costs comply with established rules and regulations of the Social Services Administration. The agency may not charge or receive compensation for the placement itself. In independent adoptions, payment for reasonable and customary charges for hospital, legal or medical services and counseling related to the adoption is permitted in Maryland. However, other charges, such as rent, food, maternity clothes, wages, or payment made in exchange for placing a child for adoption is not allowed. Failure to comply with the strict rules and regulations related to compensation may subject the adoptive parents to criminal penalties.
After the adoption, can the adoptive parents, the biological parent(s) and the Adoptee agree to maintain contact?
Before or after adoption, the adoptive parent(s) and the biological parent(s) may enter into a written contract which permits contact, including visitation, with the Adoptee. In addition, the person adopted, when of sufficient age, may also enter into an enforceable written agreement to maintain contact with the biological parent whose parental rights have been terminated.
What protections are available for maintaining the confidentiality of birth and adoption records?
After an adoption, the court records are sealed and not open to inspection by any person, including the adoptive parents, except upon court order. An adoptive parent of an adopted minor is entitled to access to the physical and mental health records of the child, as long as the information does not include any identifying information. The adopted person and the biological parents may apply for access to certain birth and adoption records, provided that the adopted person is at least 21 years old. However, if the Adoptee and/or the biological parents wish to prevent disclosure, they may do so by filing a disclosure veto.
What is the difference between guardianship and adoption?
Guardianship is not the same as adoption. A guardianship gives custody of a child to the guardian but doesn't take children away from their parents forever. Parents must continue to support their children financially in a guardianship and children can inherit money or get social security benefits from their parents. The children in a guardianship are still related to their parents. In addition, the court can allow the parents or other relatives to visit with the children.
A Guardianship can last until the child turns 18, or the court can end a guardianship and give the child back to the parents, or choose a new guardian. Select here for more information on guardianship.