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How does the adoption process work in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Maryland adoption law was reorganized in 2005 and is now codified at Family Law Article §§ 5-3A (private/independent), 5-3B (public agency), and 5-3C (step-parent).

1. Types of Adoption

  • Public agency adoption (FL § 5-3B-01 et seq.) through Department of Human Services.
  • Private agency adoption (FL § 5-3A-01 et seq.).
  • Independent adoption (FL § 5-3A) — direct placement.
  • Step-parent adoption (FL § 5-3C).
  • Adult adoption (FL § 5-301).

    • 2. Petitioner Eligibility

    Under Family Law § 5-3A-29, an adult may file a petition for independent adoption in the Circuit Court for the county where the petitioner lives or where the child lives. A spouse must join unless living separate and apart.

    3. Consent Requirements

    Under FL § 5-3A-34, a birth parent's consent may be signed at any time after the child's birth, before a notary. Under FL § 5-3A-35, the consent is revocable within 30 days after signing or after the petition is filed, whichever is later. After the 30-day window expires, the consent is irrevocable absent fraud or duress. Agency relinquishments under § 5-3B-22 carry similar 30-day revocation rights.

    4. Home Study

    A pre-placement home study under FL § 5-3A-37 is required and conducted by a Maryland-licensed child-placing agency or other approved entity. Step-parent adoptions are exempt. A post-placement report is required before finalization.

    5. Termination of Parental Rights (TPR)

    Voluntary via consent. Involuntary TPR under FL § 5-323 for unfitness or exceptional circumstances. Interstate placements require ICPC under FL § 5-601. ICWA (25 U.S.C. § 1901) applies to children of federally recognized tribes.

    6. Finalization Hearing

    The Circuit Court holds a final hearing typically 6 months after placement (FL § 5-3A-44). The court enters the Decree of Adoption, and the Division of Vital Records issues a new birth certificate.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Birth parent revokes consent within 30-day window
    • Putative-father claim and Maryland's Putative Father Registry
    • Contested unfitness TPR under FL § 5-323
    Related Statutes & Laws
    • Md. Code Fam. Law § 5-3A-01 et seq.
    • Md. Code Fam. Law § 5-3A-35
    • Md. Code Fam. Law § 5-3A-37
    • Md. Code Fam. Law § 5-601 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.