A Guide to Stepparent Adoption in Maryland

Explore the process of stepparent adoption in Maryland. Learn how to make your family whole. Read now to start your journey towards legal parenthood!

Since 20% of US households contain at least one stepparent, it’s natural for the family structure to change when accommodating those relationships.

Stepparent adoption is one of the biggest steps that families take to strengthen their bonds. It makes the stepparent’s role in the child’s life permanently official legally as well as emotionally.

However, Maryland family adoption laws can be challenging to navigate. Read on for a basic run-down of these laws so you can begin the adoption process with less stress.

The Benefits of Stepparent Adoption

Adopting your stepchild has both social and legal benefits.

On a familial level, it allows both the parents and the child stability and security. It officially solidifies the parent-child relationship between you and your partner’s child. This isn’t just fulfilling emotionally – it can also decrease confusion, especially for younger children.

Adoption is also a legal recognition of the stepparent’s parental rights. They will have a say in the child’s future, just as a biological parent would. It’s easier to make decisions about:

  • Healthcare
  • Medical choices
  • School enrollment
  • Moving, especially out of state

This makes it easier to manage the child’s needs. It gives both parents an equal say regardless of who the child is biologically related to.

Adoption also secures:

  • Custody rights if the biological parent becomes incapacitated
  • Health insurance eligibility for the child
  • Child support payments in the event of a divorce
  • Social security benefits, when needed
  • Government assistance programs, when needed
  • Inheritance rights from the stepparent that ensure the child’s financial security
  • Easier administrative processes in educational or medical settings

Finally, adoption decreases the chances of a biological parent trying to reclaim their parental rights. They will have already terminated them as a necessary step in the adoption process. This reduces long-term stress and lets you provide for your stepchild’s future needs.

Adoption Eligibility in Maryland: What to Know

In Maryland, anyone can petition to adopt a child if they:

  • Are at least 21 years of age
  • Complete 27 hours of preservice training
  • Pass a criminal background check
  • Have the financial ability to support the child
  • Can provide three character references

This is true regardless of marital status or sexual orientation. Stepparents can have other children as well. The existence of more dependents does not inhibit their ability to adopt a partner’s child.

Those looking to adopt may also need to submit to a medical examination. This exam will ensure that you, the stepparent, are both emotionally and physically able to provide for the child.

To adopt a child, you will also need money for legal fees and adoption counseling.

Luckily, since stepparents are usually already living with the child they are adopting, the process is much smoother. The biological parent that the stepparent has married can advocate for them and make the process smoother.

The Main Types of Stepparent Adoption

Stepparent adoption is a form of independent adoption. This means it does not go through a public or private agency. Instead, it’s filed by the stepparent (or co-parent who’s looking to make an adoption legally official).

Basic Stepparent Adoption

Stepparent adoption is the main legal process through which people can adopt their partner’s children. This option is ideal for stepparents who are already legally married to their partner.

In these situations, the adoption contract ties the family unit together. The stepparent legally becomes the parent and guardian of their partner’s child.

This process is simple when there is no second biological parent in the picture. It will be easy to obtain the consent of the first biological parent since the stepparent is married to them.

However, if there is another biological parent, they must also consent to the adoption. When they do, they relinquish their parental rights to the child.

In many cases, the second parent will terminate their rights without argument. These uncontested adoptions are smooth and seamless.

However, a second biological parent may sometimes refuse to consent and terminate their rights. These contested adoptions require a Maryland family court to decide to terminate the second parent’s rights.

Second Parent Adoption

Second-parent adoption is intended for long-term couples who are not married. If one parent has a biological child that the other wishes to adopt, this course will give both parents equal rights to the child.

Second-parent adoption often happens at birth.

It is a frequent method of adoption used by same-sex couples. If two men in a relationship use a surrogate and the child is only biologically related to one of them, only the biological parent will have parental rights at the time of birth. Heterosexual couples can also use second-parent adoption if they conceive with a surrogate or IVF.

Second-parent adoption lets the other partner gain the same legal rights to the child as the biological parent has.

This:

  • Establishes a cohesive and stable family unit
  • Creates a sense of permanence for both adults and children
  • Ensures that schools and medical providers recognize both parents’ claims to the child
  • Helps the non-biological parent with custody in the event of a divorce

Adult Adoption

Maryland also allows stepparents to adopt adults in some cases. This is not as common as other methods of adoption, but it can make a preexisting emotional relationship legally official. It can also allow the adult to take the name of the person adopting them.

The process for adopting an adult in MD is the same as the process for adopting a minor. The adopting parent needs to gain consent from both biological parents and file legal paperwork with the help of an attorney.

The Adoption Process in Maryland

Second-parent adoption and adult adoption are both important to consider in some situations. However, most couples will need to understand the stepparent adoption process for married couples who have pre-existing children.

To begin adopting a stepchild, consult with an experienced family lawyer. They can help you start the adoption process by:

  • Answering your questions thoroughly and knowledgeably
  • Determining what paperwork you need to fill out
  • Filing an adoption petition with the appropriate courts
  • Walking you through each step of the legal process
  • Addressing potential problems that arise over time

File a Petition

To initiate an adoption, couples must first file a Petition for Adoption with the Circuit Court. The requirements for this are outlined in Maryland Family Law, Title 5, Subtitle 3B.

To file a petition, you will need to gather several documents like:

  • Marriage certificates that establish a relationship between the parent and stepparent
  • The birth certificate of the child that is being adopted
  • Past custody orders

An attorney will help you prepare the petition after obtaining this information. Reputable lawyers have a comprehensive understanding of Maryland Family Law statutes and can fill out each petition section thoroughly. This ensures a legally binding document and a smoother petitioning process for parents who don’t know the ins and outs of filing such documents.

Obtain Consent

Next, you will need to get adoption consent from both of the child’s biological parents. An attorney will help you contact the parent that you are not married to and get the appropriate information from them.

If the adoption is uncontested, this will be a smooth, quick process. If it is contested, there are two options.

The first is that the court decides that the non-custodial parent has terminated their parental rights through abandonment. If the absent parent has not supported the child in the past year, a court may rule that they have given up their parental rights. This termination makes it possible for the adoption to proceed.

If there is insufficient evidence needed for this termination, the court may have a best interest hearing. The court will look into both home situations and see which is the best environment for the child. The judge will make the decision based on what is best for that child.

If they rule in favor of the adoption, it can proceed.

A good family attorney increases your chances of proving that an adoption is the best possible scenario.

Finalize the Adoption

Once Maryland courts approve the adoption, your lawyer will file all required paperwork with them. Then, they will schedule an adoption finalization hearing.

At this hearing, the judge will grant you official parental rights. When you leave the courthouse, you will be the child’s legal parent.

At this point, you can file for a new birth certificate for the child. It will list you as their parent. You might also choose to change their last name to reflect your own.

Initiate the Maryland Adoption Process Today

Understanding the ins and outs of stepparent adoption can be a challenge. An experienced attorney can help you understand stepparent legal rights and walk you through the Maryland adoption process.

At JM Blattner Family Law Group, we bring a detail-oriented focus to each family we work with. All you need to do is contact our office and form a personally-tailored action plan to implement ASAP.

We have a 10.0 Avvo rating and are in the Premier 100 of American Academy Trial Attorneys, so contact us for a comprehensive assessment of your case.