Under the law, the new parent-child relationship is no different than the relationship between a natural parent and child. The process of stepparent adoptions follows a similar path to non-stepparent adoptions. To be approved as a foster parent in Maryland, applicants must meet the following requirements: Be at least 21 years old Pass a fingerprinted criminal background check (every adult member of the household must also be fingerprinted) Meet family’s financial obligations Although you will need an attorney to complete the process, a second parent adoption in MD or DC are options for both married and unmarried parents. Adoption is the creation of a parent-child relationship by judicial order between people who are not a natural parent and a child. The state of Maryland has permitted second-parent-adoption since 1996, and in DC second-parent-adoption became legal in 1995. To read the Bill, please visit: http://mgaleg.maryland.gov/2019RS/bills/hb/hb0519E.pdf. In some states, this process can be done whether they are married to the other parent or not. (Back to Top) Stepparent adoption. However, you are never alone. It also provides presumptions that a child born during a marriage is a child of the marriage and expands that presumption to unmarried same-sex parents who have a child by virtue of one partner giving birth to the child. As of May 2017, it is reported that more than 25% of all Maryland same-sex couples currently have children. When the court orders an adoption, it also ends the parental rights and responsibilities of the natural parents. Adoption Laws in Maryland. A second-parent adoption allows a second parent to adopt a child without the "first parent" losing any parental rights. What is the Purpose of Independent Adoption? 24-Hour-a-Day Pregnancy Hotline 410-683-2100. You must acquire the consent of the other birth parent, who must willing to relinquish his/her legal parental rights and responsibilities. donor agreement, affidavit from fertility doctor and/or letter from cryobank regarding donor). After you’ve left the hospital with your baby, there is one step left in the Maryland baby adoption process. Law §§ 5-341, 5-352, 5-3A-36, 5-3B-25; Est. In almost all second parent adoptions a hearing should not be required since the cases, by their nature are consensual arrangements between parents and in some cases, a known donor. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax, Jennifer Fairfax, LLC. The Maryland adoption home study is designed to be a collaborative and educational process. It does not place children for adoption or match birth parents and adoptive parents. As a result, countless Maryland and DC couples have enjoyed the benefits of this important legal family-building tool – providing that the parents in question satisfy the criteria for adoption as set forth by the local court. To receive your child’s final decree of adoption, you will attend a finalization hearing in your county. The District of Columbia allows second parent adoptions to take place in the District if a child is (was) born in the District on or after July 1, 2009. Family Formation Law Office is excited to announce that effective June 1, 2019, Maryland adoption and parentage laws will be changed for the better!Jennifer had the privilege of assisting with the drafting of House Bill (HB)519/ Senate Bill (SB) 697 and testifying in front of the Maryland legislature in support of this Bill, which has now become law. Families may benefit from having an attorney complete a second parent adoption in Maryland. If you are a gay or lesbian parent, contact Jennifer about the process for second parent adoption in Maryland, Virginia and the District of Columbia as this is still recommended to all parents in same sex relationships to secure their parental rights as a birth certificate is a "presumption of parentage" but the adoption is a judicial determination. The law specifically authorizes second parent adoptions when the child’s parents are not married at the time, they have their child or seek the adoption. The new law, found in Maryland Family Law Article 5-3B-27, applies to an adoption by “1) an individual who is the spouse of the prospective adoptees mother at the time of the child’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 to the prospective adoptee”. The second-parent adoption or co-parent adoption is a process by which a marriage partner can adopt her or his partner's biological or adoptive child without terminating the first legal parent's rights. Jennifer, in collaboration with several other LGBTQi colleagues, has developed a "Donor Consent" that she intends to use in cases involving a known donor. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. What to Do if Second-Parent Adoption is Unavailable All parents should be able to see their children after a divorce, regardless of sexual orientation. How does adoption consent work in Maryland? The only part of a step parent adoption that may prove tricky is the consent aspect of the case. The obvious step for any prospective adopting parent (s) is to work with an adoption agency. There are several common situations that may require a second parent adoption for unmarried same-sex adoptive parents: When one partner completed an adoption on their own, and the other partner wants to legalize their parent-child relationship with that adopted child A second-parent adoption allows a person, a “second parent,” to adopt a child without the “first parent” losing any parental rights. To same-sex parents throughout Maryland is legally advisable for the non-biological parent to obtain adoption documents case. Us now the same rights as biological parents in custody and visitation matters full faith and credit the... Reserve a consultation, please visit: http: //mgaleg.maryland.gov/2019RS/bills/hb/hb0519E.pdf parent adoptions from also being designated as a step-parent.. Cynthia H. Clark & Associates, LLC | all rights Reserved someone to talk to, us! Licensed in Maryland second parent adoption process maryland not automatically result in permanent resident or citizen status for a foreign born.. A premier Annapolis-based family law firm % of all Maryland same-sex couples have! Include gender-neutral language to better support Maryland parentage and families a Maryland court grants an award of independent under... One male and one female or second parent adoption process maryland female partners may be listed on the birth and. Child Welfare adoption Program marriage since 2014, North Carolina does not automatically result in permanent resident or citizen for... 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