Adoption in Maryland is governed by a complex and comprehensive system of state statutes, court procedures, and administrative regulations designed to protect the rights and well-being of everyone involved. These laws serve as the foundation for a secure and ethical adoption process that prioritizes the best interests of the child while also ensuring fair treatment and legal clarity for birth parents and adoptive families.

Whether you're a birth parent considering placing your child for adoption, an adoptive family hoping to grow through adoption, or an adoptee looking to learn more about your background, understanding how Maryland adoption laws apply to your situation is a crucial first step. Each group has specific rights, legal considerations, and support systems under Maryland law that shape their journey.

Being informed not only helps you navigate the adoption process with confidence but also enables you to make thoughtful, empowered decisions at every stage. From understanding consent timelines to finalizing the adoption in court, having a clear grasp of the legal landscape can reduce stress and ensure a smoother experience.

Need more information about adoption in Maryland? Speak with Experts now

For Birth Mothers: Your Legal Rights

As a birth mother in Maryland, it's important to know that you have strong legal protections and options throughout the adoption process. 

This section explains your rights under Maryland law, including how and when you can consent to adoption, what happens afterward, and how much control you have over the placement. Whether you're exploring adoption for the first time or have already started the process, understanding these rights can help you make confident, informed choices.

Can I choose adoption for my baby?

Yes. In Maryland, a birth mother can voluntarily place her child for adoption, but only if the decision is made freely, without pressure or coercion. 

The law ensures the process begins with informed, voluntary consent—not obligation. Birth mothers are given time and space to carefully consider their options. Legal guidelines for consent are outlined in Maryland Law. These rules define when and how a birth mother’s consent becomes legally valid in court.

Relevant Law: Family Law §5-3B-21

When can I choose adoption for my baby?

A birth mother may sign a consent to adoption only after the child is born. Maryland law does not permit pre-birth consent under any circumstances. This safeguard ensures that the decision is made with full awareness, allowing the birth mother to consider her options with clarity after delivery.

In most cases, the court must also approve the consent for it to be officially recognized. This step adds another layer of legal protection for both the birth parents and the child.

Relevant Law: Family Law §5-3B-21

Can I get my baby back after adoption?

Maryland allows a revocation of consent within 30 calendar days after the adoption consent is signed, giving birth parents time to fully consider their decision. This waiting period helps ensure that the choice to place a child for adoption is made with confidence and without pressure.

After this 30-day period has passed, the consent becomes legally binding and irrevocable—except in rare cases where it can be proven that the consent was obtained through fraud or duress.

Relevant Law: Family Law §5-3B-21

Can you do adoption without the father's consent?

A father's consent may not be required if he hasn’t established paternity, lacks a consistent relationship with the child, or hasn’t met his parental responsibilities. Maryland courts review each case individually to decide if his consent is needed.

Relevant Law: Family Law §5-3B-22

Do both birth parents have to sign adoption papers in Maryland?

Generally, yes. If both biological parents retain legal rights, their consent is required for an adoption to proceed. This involves signing documents that voluntarily relinquish those rights.

However, Maryland law allows exceptions. A court may waive the consent requirement if one parent cannot be located despite reasonable efforts, has abandoned the child, or is found unfit or unwilling to fulfill parental responsibilities. These decisions are reviewed on a case-by-case basis and are subject to judicial oversight.

Relevant Law: Family Law §5-3B-22

Can I get paid for adoption?

While direct payment is illegal in Maryland, birth mothers may receive reimbursement for certain reasonable, documented expenses related to pregnancy and the adoption process. These payments must be reviewed and approved by the court to ensure compliance with the law. 

Examples of allowable expenses include:

• Medical care and hospital costs related to the pregnancy and birth
• Counseling services before and after placement
• Legal representation related to the adoption
• Reasonable living expenses during pregnancy (if approved)

These provisions are in place to provide meaningful support without constituting illegal compensation for adoption.

Relevant Law: Family Law §§ 5-3A-45; 5-3B-32

Can you choose who adopts your baby?

Yes. Maryland law allows birth parents to select the adoptive family for their child, offering them an active role in shaping their baby’s future. This choice gives birth parents a sense of involvement and helps ensure the adoptive family shares their values, hopes, and expectations for the child’s life.

Agencies help facilitate this process by offering:

• Detailed family profiles
• Personal meetings or interviews with prospective adoptive parents
• Guided mutual matching with support from licensed professionals

These tools empower birth parents to make informed, confident decisions during a deeply personal process. 

Relevant Law: Family Law §5-3B-11

Can people from a different state adopt my baby?

Yes. Interstate adoption is possible through the Interstate Compact on the Placement of Children (ICPC), a legal framework that ensures consistent and safe adoption practices across state lines. ICPC sets out uniform procedures that both the sending and receiving states must follow before a child can be placed in an adoptive home in a different state.

Relevant Law: 25 USC Ch.21: ICPC

Can I give my baby up for adoption without any agency?

Independent adoptions are legal in Maryland, but they must still follow all applicable state laws. This includes completing a thorough home study and passing required background checks. These steps are in place to ensure the child's placement is both safe and in their best interests.

Although it’s possible to proceed without an agency, families are strongly encouraged to work with an experienced adoption attorney. An attorney can:

• Help navigate complex legal requirements
• Prepare and file necessary court paperwork
• Represent you during the adoption hearing

This support ensures your independent adoption meets all legal standards while minimizing the risk of delays or complications.

Relevant Law: Maryland Family Law §5-3B-13 

Can my spouse adopt my child?

Yes. This is known as stepparent adoption—a legal process that allows a spouse to adopt their partner’s biological child and become the child’s legal parent. In most cases, the noncustodial biological parent must give consent or have their parental rights legally terminated before the adoption can move forward.

This requirement helps ensure that all existing legal ties are addressed and that the adoption serves the child's best interests, both emotionally and legally.

Relevant Law: Maryland Family Law §5-3B-12

Can my family adopt my baby?

Yes. Relative or kinship adoption is legal in Maryland and is often more streamlined than other types of adoption. This is because the adoptive family already has an existing relationship with the child, which can help ease the emotional transition and foster a sense of continuity and stability.

In many cases, kinship placements require less formal supervision due to the pre-existing family bond. However, court approval and full compliance with Maryland’s legal procedures are still required. These steps ensure the adoption is in the child’s best interests and meets all legal standards for safety and permanency.

Relevant Law:  Maryland Family Law §5-3B-12

Can you anonymously put a baby up for adoption?

Maryland offers a Safe Haven law that allows a parent to safely surrender a newborn up to 60 days old without facing criminal prosecution.

This law provides a last-resort option for parents in crisis who are unable to care for their newborn. It ensures the infant receives immediate care and protection through the appropriate child welfare channels.

Relevant Law: Maryland Family Law §5-641

Can I have contact with my child after the adoption?

Open adoptions are permitted in Maryland. This means birth parents and adoptive families can agree to stay in contact after placement. To formalize these expectations, Post-Adoption Contact Agreements (PACAs) can be filed in court. However, their enforcement is not guaranteed.

A judge must approve the agreement and will evaluate whether continued contact serves the child’s best interests. This means not all PACAs are legally binding, even if both parties originally agreed to the terms.

Relevant Law: Maryland Family Law §5-308

How does tribal adoption work for Native American children?

The Indian Child Welfare Act (ICWA) applies in Maryland and provides important federal protections for Native American children in adoption cases.

Under ICWA, tribes must be notified of any proposed adoption involving a Native American child, and specific placement preferences—such as with extended family or tribal members—must be followed whenever possible. These safeguards are designed to preserve the child’s cultural identity and maintain tribal connections.

Relevant Law:  25 USC Ch. 21

What rights do biological parents have after adoption?

Once an adoption is finalized in Maryland, biological parents no longer hold any legal parental rights or responsibilities toward the child. This means they cannot make decisions about the child's care, custody, or upbringing. However, limited contact may still be possible if a Post-Adoption Contact Agreement (PACA) was established before finalization and approved by the court. 

Key points to keep in mind:

• Biological parents lose legal custody and all decision-making authority.
• Ongoing contact is only possible if outlined in a court-recognized PACA.
• PACAs are not guaranteed to be legally enforceable and depend on the court’s discretion and the child’s best interests.

Relevant Law:  Maryland Family Law §5-308

For Adoptive Families: Starting Your Family with Confidence

Adopting a child in Maryland is a life-changing decision, and understanding the legal requirements is essential to beginning your journey with confidence.

This section is designed to guide adoptive families through the key aspects of Maryland adoption laws—from eligibility criteria and home study requirements to advertising rules, finalization timelines, and post-adoption rights. Whether you're adopting privately, independently, or across state lines, knowing what to expect can help you prepare emotionally and legally for a successful adoption.

Do you have to be married to adopt in Maryland?

No. Maryland allows both married couples and single individuals to adopt, recognizing that families can take many forms. This inclusive approach ensures that qualified individuals, regardless of relationship status, have the opportunity to grow their families through adoption.

Relevant law: Maryland Family Law §5-3B-13

How old do you have to be to adopt a baby?

There is no specific age requirement written into Maryland’s adoption statutes, such as Family Law §5-3B-13. That means Maryland law does not explicitly state, for example, that an adoptive parent must be 21.

However, the Maryland Department of Human Services (DHS) — which oversees adoption approval — requires adoptive applicants to be at least 21 years old. This policy is enforced during:

• Home study evaluations
• Licensing reviews
• Court recommendations

So while not codified as law, the 21-year minimum functions as a standard in practice. DHS is legally authorized to implement such administrative rules, and courts rely heavily on DHS assessments when reviewing adoption petitions. In practice, you must be at least 21 to adopt in Maryland.

Relevant info: Maryland DHS – Adoption Program Overview

Do you need a home study for a private adoption in Maryland?

Yes. All adoptions in Maryland require a home study. The home study is a legal and social evaluation that ensures the adoptive home is safe, stable, and supportive. It is required before a placement can be approved. The process typically includes:

• Background and criminal history checks
• Interviews with prospective adoptive parents
• Home visits and safety assessments
• Evaluation of the family’s readiness and capacity to meet a child’s needs

This requirement applies universally and is reviewed by both the placement agency (if involved) and the court to protect the child’s best interests.

Relevant Law: Maryland Family Law §5-3B-23

Do you need a home study for an independent adoption?

Yes. Independent adoptions in Maryland require a licensed home study, just like agency-facilitated placements. This requirement is not found in statute but is enforced through state administrative regulations.

The Maryland Code of Regulations 07.05.03.11 outlines the procedures for conducting a home study. The purpose is to ensure that prospective adoptive parents can provide a safe, stable, and supportive environment. While you can complete an adoption independently, this step is legally required for approval by the court and must meet Maryland’s child welfare standards.

Relevant law: COMAR 07.05.03.11

Can you adopt without an agency?

Yes. Independent adoptions are legal in Maryland, but all legal and procedural requirements must still be met to ensure the adoption is valid and in the best interests of the child.

This includes the involvement of a qualified adoption attorney to help navigate paperwork, court filings, and legal representation, as well as obtaining final approval from the court to complete the process.

Relevant law: Maryland Family Law §5-3B-13

What are the steps to adopt?

Step 1: Decide if adoption is right for you

The first step in the adoption process is reflecting on whether it’s the right path for your family. Consider your motivations, emotional readiness, and long-term goals. Adoption is a lasting commitment, so being mentally, emotionally, and financially prepared helps set the stage for a smoother journey.

Learn more.

Step 2: Choose an agency or attorney

Choosing a licensed adoption agency or qualified attorney early in your journey is one of the most important decisions you’ll make. These professionals guide you through each legal and emotional step, help match you with a birth mother, and ensure compliance with Maryland laws. A provider you trust can make the process feel more manageable and clear.

Learn more.

Step 3: Complete a home study

The home study is a necessary part of the adoption process in Maryland. It evaluates your home environment, background, and readiness to become a parent.

The process includes interviews, safety checks, and documentation to confirm that you can provide a safe and supportive home. Beyond legal compliance, it also helps prepare you emotionally and practically for welcoming a child.

Learn more.

Step 4: Find a match

Once your home study is complete and you're approved to adopt, the next step is finding an adoption opportunity. This might involve viewing parent profiles, meeting expectant mothers, or attending interviews—either through an agency or independently.

Matching is a meaningful part of the process, and approaching it with openness and guidance can help lead to the right connection.

Learn more.

Step 5: Placement and post-placement supervision

Once a child is placed with you, the post-placement period begins. Maryland law requires a few supervised visits and evaluations to confirm the child is adjusting and the home is safe. A licensed social worker typically conducts these visits, which may include:

• Home observations
• Family interviews
• Written progress reports

This stage satisfies legal requirements and provides additional support as families prepare for finalization.

Learn more.

Step 6: Finalize in court

The final step in the adoption process is a court hearing where a judge reviews the case and, if all legal requirements are met, approves the adoption. This usually takes place after post-placement supervision is completed. Once finalized, the adoption decree is issued and a new birth certificate lists the adoptive parents as the child’s legal family.

Relevant law: COMAR 07.05.03.11

Can you adopt a child from another state?

Yes. Maryland families can adopt across state lines through the Interstate Compact on the Placement of Children (ICPC). ICPC regulates interstate adoptions to ensure they are legally compliant and ethically conducted. Before the child can be transferred, both the sending and receiving states must approve the placement. This process helps:

• Protect the child’s safety and well-being
• Ensure that the adoptive family meets legal and home study requirements
• Confirm compliance with all applicable state laws

Relevant Law: 25 USC Ch.21: ICPC

Can we advertise for a birth mother?

Maryland law does not explicitly prohibit private individuals from advertising for birth mothers in statute. However, advertising by unlicensed individuals is discouraged and may be scrutinized by courts. Maryland case law and professional guidelines discourage unlicensed individuals from acting as intermediaries, which may include activities like public advertising or matching services.

Licensed adoption agencies and attorneys typically handle outreach and matching to ensure compliance with ethical, legal, and safety standards. While private parties are not categorically banned from advertising, doing so may expose them to legal and procedural risks.

Consult a licensed Maryland adoption attorney before advertising, especially in independent adoptions, to ensure compliance with relevant court practices and ethical rules.

Can a birth father stop an adoption?

A birth father can contest an adoption if he has legally established paternity and objects within the timeframe set by Maryland law. This sometimes stops an adoption from finalizing. However, Maryland law also explicitly states birth parent consent is not required if the birth parent has not cared for the child or the pregnancy for a significant amount of time.

If a birth parent contests the adoption, their rights must be reviewed during the legal process, and the court will decide if their involvement serves the child’s best interests. The court may consider:

• Whether he filed a notice of intent to claim paternity
• His support—financial or emotional—during pregnancy
• How and when he raised his legal objection

Relevant law: Maryland Family Law § 5-3B-22

What if the birth parents don't sign adoption papers?

In certain situations, the court may involuntarily terminate a birth parent's legal rights if continuing the parent-child relationship is deemed not in the child's best interest. This action is considered a last resort and typically arises in serious cases involving abandonment, chronic neglect, prolonged incarceration, repeated abuse, or a demonstrated inability to provide safe, stable, and adequate care.

Maryland law requires clear and convincing evidence before the court will terminate parental rights. The judge must assess whether termination serves the child’s long-term safety, emotional needs, and stability.

So, depending on the specific situation, some adoptions may be able to proceed without formal parental consent. However, this is exceedingly rare.

Relevant law: Maryland Family Law § 5-3B-22

When is an adoption finalized in Maryland?

Finalization in Maryland typically cannot occur until at least 180 days after the child is placed in the adoptive home. During this period, post-placement supervision is conducted to ensure that the placement is meeting the child’s needs and serving their best interests.

A licensed social worker will make scheduled home visits, observe family interactions, and submit reports to the court that document the child’s adjustment, the suitability of the home, and any challenges that may arise. These assessments reflect the legal and regulatory expectation that adoptive placements are stable, safe, and nurturing.

The local department is responsible for:

• Providing supportive and educational services during the post-placement period;
• Maintaining regular monthly contact with the family;
• Promoting the integration of the child into the adoptive family unit.

Once the court reviews the post-placement findings and confirms that all legal requirements have been met—including readiness from both the family and the child—an adoption decree may be issued, making the adoption final.

Relevant law: COMAR 07.05.03.11

Can birth mothers change their mind?

Yes, but only if the request is made within Maryland’s 30-day revocation period. A birth parent may revoke their consent to adoption at any time within 30 calendar days of signing the consent. After this period, the consent becomes irrevocable—unless the parent can prove it was obtained by fraud, duress, or coercion.

To be valid, the consent must be signed after the child’s birth and must clearly inform the parent of their right to revoke within 30 days. Additionally, if the parent has revoked or objected to a prior adoption of the same child within the past year, and the child is over 30 days old, the law may restrict the parent from revoking consent again unless it is granted in open court.

This revocation policy helps protect birth parents from making a rushed or pressured decision, while also providing legal certainty for adoptive families after the revocation period ends.

Relevant law: Maryland Family Law §5-3B-21

Are adoptive parents on the birth certificate in Maryland?

Yes. After the adoption is finalized in Maryland, a new birth certificate is issued by the state. This document replaces the original and lists the adoptive parents as the legal parents of the child. The adopted child's name may also be changed at this time, depending on the adoptive parents' request and court approval.

Relevant law: COMAR 10.3.0 1.08

What rights do adoptive parents have after adoption?

Adoptive parents gain full legal custody and rights equal to biological parents. They are recognized as the child’s permanent legal family under Maryland law.

These rights include:

• Making decisions about the child’s education, healthcare, and daily life
• Having full custody and guardianship
• Access to health insurance and legal benefits
• Inheritance rights and the ability to change the child’s name

Adoptive parents also take on full responsibility for the child’s care and future.

Relevant law: COMAR 10.3.0 1.08

Are open adoptions legally binding in Maryland?

Post-Adoption Contact Agreements (PACAs) can be filed in Maryland courts to outline and formalize agreed-upon contact between birth parents and adoptive families after an adoption is finalized. These agreements offer a way to preserve relationships that may benefit the child, such as periodic visits, updates, or exchanges of letters and photos.

However, PACAs are not automatically enforceable. Maryland courts must review and approve the terms, and the judge will consider whether the agreement serves the child's best interests.

Even when both parties initially agree, the court retains discretion to uphold, modify, or deny the agreement. As a result, while PACAs offer a helpful tool for maintaining post-adoption connections, their enforceability depends entirely on judicial approval and ongoing alignment with the child’s needs.

Relevant law: Maryland Family Law § 5-308 

Does ICWA apply to private adoptions in Maryland?

Yes. The Indian Child Welfare Act (ICWA) applies to all adoptions involving Native American children, including private, voluntary, and agency-facilitated adoptions.

This federal law requires that tribes be notified and given the opportunity to intervene in adoption cases, and it establishes placement preferences designed to preserve the child’s cultural heritage and tribal identity.

Relevant law: 25 USC Ch. 21 

What support is available after adoption?

Adoptive families may receive various forms of support after finalization to help ensure a smooth transition and long-term success. These may include:

• Post-adoption counseling and support services to address emotional and relational adjustments
• Access to the child's background and medical history to support informed healthcare decisions
• State or federal adoption subsidies to assist with the care of children with special needs
• Educational resources and referrals to community-based services or support groups

These post-adoption resources are designed to promote family stability and provide continued support throughout the parenting journey.

Learn more.

For Adoptees

If you were adopted in Maryland and are seeking information about your background or considering reconnecting with your birth family, there are legal options and support resources available to you.

While some adoption records remain sealed, Maryland law does provide avenues for access in many cases:

• Non-identifying information (such as medical history and general background) may be requested by any adoptee.
• Identifying information may be available if both parties consent or through a court-approved petition.
• Intermediary or reunion services may be accessible depending on your circumstances and the agency involved.

These processes can be emotional and complex—but you don’t have to navigate them alone. Check out this page to learn more about your rights, your options, and where to start.

What’s Next?

Understanding Maryland adoption laws is a critical step in your journey—but it’s just the beginning. Whether you’re exploring your options or preparing to take action, knowing your rights and responsibilities empowers you to move forward with clarity. If you’re ready to learn more or take the next step, the right support is only a conversation away; start here.

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