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The 5 Maryland Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Maryland adoption laws you need to know about when considering this for your family.
Top 5 Maryland Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Maryland?
The consent of the mother and father is required unless:
- The parent’s parental rights have been terminated
- The parent has not maintained a meaningful relationship
- The parent has not had custody for a year,
- The parent has abused the child
- The parent has failed to provide for the child
- The child has emotional ties to the adoptive parents; or
- The parent has been convicted of a serious crime.
Md. Code. Fam. Law. §§ 5-3B-22, 5-338 (2019)
Maryland does not have a putative father registry, but an unwed mother and father will be given the opportunity to file an affidavit of parentage.
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a Maryland adoption?
In Maryland, an expectant mother may accept money for adoption counseling, hospital, legal, or medical services, reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child; reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or reasonable expenses associated with any required court appearance relating to the adoption.
Separate Legal Representation
Will I be offered my own Maryland adoption lawyer?
In Maryland, an attorney may not represent adoptive parents and birth parents in the same case. If a birth parent is a minor or has a disability that makes them incapable of effectively participating in the proceeding, the court shall appoint an attorney to represent the parent.
Open Adoption
How does Open Adoption work in Maryland?
A written postadoption contact agreement may be entered into and enforced if it is in the best interest of the child. If a dispute arises, the court may require mediation. If a party moves to modify the agreement, the court may allow it if it is in the child’s best interest and an exceptional circumstance has arisen.
Md. Code. Fam. Law. § 5-308 (2020)
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Maryland?
How does the legal process for adoption work in Maryland?
Consent may be given after the birth of the child.
Md. Code. Fam. Law. § 5-3B-21(2)(i) (2020)
How long will I have to change my mind about adoption in Maryland?
Consent can be revoked within thirty days.
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