Second Parent Adoptions in Maryland after Assisted Reproduction

An increasing number of people are relying on the use of Assisted Reproductive Technology to build their families. For some families, including many LGBTQ+ families, a sperm donor may be used with one party's egg, resulting in one parent who is biologically related to the child, while the other parent is not. While Maryland may recognize both parties as parents to the child, it is still important for the non-biological parent in such a scenario to utilize the formal adoption process to ensure greater protection of their parental rights.

Maryland courts regularly grant "second parent adoptions" in a variety of scenarios. However, in certain situations, the law allows for a more simplified process for "second parents" to finalize the formal adoption of their child when the parties are married at the time of conception or birth, or when the parties use Assisted Reproduction to conceive their child.

This simplified approach under Maryland law applies to:

1. an individual who is the spouse of the prospective adoptee’s mother at the time of the prospective adoptee’s conception or birth; or

2. an individual who, together with the prospective adoptee’s mother, consented to the conception of the prospective adoptee by means of assisted reproduction with the shared express intent of being parents of the prospective adoptee.

In such a case, the petitioner must file:

1. a copy of the petitioner and prospective adoptee's mother's marriage certificate (if the parties were married at the time of the child's conception/birth); or

2. evidence of the parties' shared express intent to become parents of the child by means of assisted reproduction. This includes a copy of any written agreement consenting to the conception of the prospective adoptee by means of assisted reproduction (for example, contracts entered into by the parties with cryobanks and/or fertility clinics).

Additionally, in either scenario, the petitioner must file:

1. a copy of the prospective adoptee's birth certificate; and

2. a statement explaining the circumstances of the prospective adoptee's conception in detail sufficient to identify any individual who may be entitled to notice or whose consent may be required.

Under this process, the court may not require an investigation or hearing on the adoption petition except for good cause. In most of these cases, the court will be able to make the necessary findings required by the law based upon the filings and documents alone. Therefore, the adoption can be granted more quickly and often without any required appearance in court.

Jane Rodgers handles a variety of adoptions including second parent adoptions. Jane has worked with many LGBTQ+ families in finalizing their second parent adoptions with the court. Contact our office at 240-396-4373 to schedule a consultation.

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:

1. 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.

2. 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).  

3. 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.