Maryland State Laws

MARYLAND STATE LAWS Article - Family Law

§ 5-301.

(a) In this subtitle, the following words have the meanings indicated.

(b) "Child placement agency" means:

(1) a local department of social services; or

(2) a private agency that:

(i) engages in the placement of children in homes or with individuals; and

(ii) is licensed by the Social Services Administration under § 5-507 of this title.

(c) "Disability" means:

(1) a mental disorder, as defined in § 10-101 of the Health - General Article;

(2) mental retardation, as defined in § 7-101 of the Health - General Article;

(3) alcohol dependence, as defined in § 8-101 of the Health - General Article; or

(4) drug dependence, as defined in § 8-101 of the Health - General Article.

(d) "Father" means the man who is the birth father of a child under § 5-310 of this subtitle.

(e) "Guardianship" means guardianship with the right to consent to adoption or long-term care short of adoption.

(f) "Independent adoption" means an adoption in which the arrangement for adoption is not made by a child placement agency. (g) (1) "Joint guardianship" means limited guardianship granted to a caregiver under § 5-317 of this subtitle.

(2) "Joint guardianship" may include the authority to consent to medical care and make educational and other decisions for the child.

(3) "Joint guardianship" does not include the authority to consent to adoption or long-term care short of adoption.

(h) "Minor parent" means a parent who, at the time of giving consent to guardianship or adoption of the parent's child, is a minor.

(i) "Nonidentifying information" means any information that does not reveal the location or identity of an individual.

(j) "Placement for adoption" means the placement of a child to live with a family or individual approved for adoption by a child placement agency, with the intent that the child be adopted by the family or individual.

§ 5-307.

(a) Any individual, whether a minor or an adult, may be adopted.

(b) Only a minor may be placed under a guardianship.

§ 5-308.

(a) This section does not limit the right of an individual to provide for distribution of property by will.

(b) Except as otherwise provided in this section, after a decree of adoption is entered:

(1) the individual adopted:

(i) is the child of the petitioner for all intents and purposes; and

(ii) is entitled to all the rights and privileges of and is subject to all the obligations of a child born to the petitioner in wedlock;

(2) each living natural parent of the individual adopted is: (i) relieved of all parental duties and obligations to the individual adopted; and

(ii) divested of all parental rights as to the individual adopted; and

(3) all rights of inheritance between the individual adopted and the natural relatives shall be governed by the Estates and Trusts Article.

(c) The legal effect of an adoption of an individual who is an adult is the same as that of the adoption of a minor.

(d) (1) In this subsection, "instrument" means a deed, grant, will, or other written instrument.

(2) In any instrument executed on or after June 1, 1947, unless the instrument clearly indicates otherwise, "child", "descendant", "heir", "issue", or any equivalent term includes an adopted individual whether the instrument was executed before or after the decree of adoption was entered.

(3) In any instrument executed before June 1, 1947, unless the instrument clearly indicates otherwise, "child", "descendant", "heir", "issue", or any equivalent term includes an adopted individual if the interlocutory decree of adoption, if any, or, if none, the final decree of adoption was entered on or after June 1, 1947.

(e) (1) Unless and until an interlocutory decree of adoption is revoked, it has the same effect as a final decree of adoption.

(2) On entry of a final decree of adoption, the legal effects of an interlocutory decree of adoption are confirmed and continued.

§ 5-309.

(a) Any adult may petition a court to decree an adoption.

(b) A court may not deny a petition for adoption solely because the petitioner is single or does not have a spouse.

§ 5-326.

A final decree of adoption granted in another jurisdiction:

(1) shall be given full faith and credit in this State; and (2) has the same legal effect as a final decree of adoption granted in this State.