November is National Adoption Month!
Many families are created through adoption, and there are different ways to adopt a child. The focus of National Adoption Month is to spread awareness about the adoption of children and teens in the foster care system with the goal of finding them safe, supportive, and loving forever families. There are many reasons why people may choose to adopt a child. It is also possible to adopt an adult.
In Maryland, there are three main types of adoption:
Public Agency Adoptions are adoptions involving the placement of children through the department of social services. These adoptions may involve children who have been placed in the foster care system due to parental abuse, neglect, or abandonment, or in cases where a child has lost their parents due to other circumstances.
Private Agency Adoptions involve the use of a private agency to match a child who is available for adoption with a family who is seeking to adopt. Private Agency Adoptions can involve children from within the same state as the prospective adoptive parent(s), from a different state, or from another country (through International Adoption).
Independent Adoptions are adoptions through private parties. Most commonly, independent adoptions involve family members, stepparents, or second/co-parents. In Maryland, there is also a statute that provides for a simplified adoption process when a person is seeking to adopt a child conceived through Assisted Reproductive Technology with the prospective adoptee’s mother while married or with the shared express intent of being parents of the child.
Adoptions Generally:
All adoptions require consent of the natural parents to the adoption when such parents can be found, except in cases where a court has terminated parental rights (such as in a case of abuse, neglect, or abandonment).
In cases involving an agency, the agency often is granted guardianship with the right to consent to adoption.
In adoptions involving a child over the age of 10, the child must also consent to the adoption.
In cases involving the use of Assisted Reproductive Technology, it may be the case that one of the biological parents was a donor who has waived parental rights. In such a case, the other biological parent may consent to the adoption by the second/stepparent without termination of their own parental rights.
In most adoptions, there are requirements for investigation into the prospective adoptive parent(s) including home studies, post-placement visits, medical examinations, and criminal background checks. In certain cases, the Court will also appoint an attorney on behalf of the prospective adoptee.
Jane Rodgers handles Adoption matters in Maryland and the District of Columbia. If you are interested in pursuing Adoption, contact our office at 240-396-4373 for more information.
