In this subtitle the following words have the meanings indicated. “Assisted reproduction” has the meaning stated in § 5–1001 of this title. “Identifying information” means information that reveals the identity or location of an individual. “Mother” has the meaning stated in § 5–1001 of this title. “Parent” means an individual who, at any time before a court enters an order for adoption under this subtitle: meets a criterion in § 5–3B–05(a) of this subtitle; is the mother; or is a parent or is presumed to be a parent under Title 1, Subtitle 2 of the Estates and Trusts Article. “Parent” does not include an individual whom a court has adjudicated not to be a father or mother. “Prospective adoptee” means an individual who is the subject of a petition for adoption under this subtitle.

This subtitle applies only to an adoption that is arranged other than by a child placement agency. Except as expressly provided in this subtitle, it does not affect an adoption: for which a court entered an order on or before December 31, 2005; or pending on January 1, 2006.

The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary. The purposes of this subtitle are to: timely provide permanent and safe homes for children consistent with their best interests; protect children from unnecessary separation from their parents; ensure adoption only by individuals fit for the responsibility; protect parents from making hurried or ill-considered agreements to terminate their parental rights; protect prospective adoptive parents by giving them information about prospective adoptees and their backgrounds; and protect adoptive parents from future disturbances of their relationships with adoptees by former parents.

In this section, “order” includes any action that, under the laws of another jurisdiction, has the force and effect of a comparable judicial order under this subtitle. In accordance with the United States Constitution, this State shall accord full faith and credit to: an order of another state as to adoption or guardianship in compliance with the other state’s laws; and termination of parental rights in compliance with the other state’s laws. As to a jurisdiction other than a state: an order for adoption or guardianship entered in compliance with the jurisdiction’s laws shall have the same legal effect as an order for adoption or guardianship entered in this State; and termination of parental rights in compliance with the jurisdiction’s laws shall have the same legal effect as termination of parental rights in this State. This section may not be construed to require an individual to petition a court in this State for adoption of an adoptee if: the individual adopted the adoptee in compliance with the laws of a jurisdiction other than a state; and the United States Citizenship and Immigration Services verifies the validity of that adoption by granting, under the federal Immigration and Nationality Act, an IR-3 visa for the adoptee.

Unless a court excludes a man as the father of a child, a man is the father if: the man was married to the child’s mother at the time of the child’s conception; the man was married to the child’s mother at the time of the child’s birth; the man is named as the father on the child’s birth certificate and has not signed a denial of paternity; the child’s mother has named the man as the child’s father and the man has not signed a denial of paternity; the man has been adjudicated to be the child’s father; the man has acknowledged himself, orally or in writing, to be the child’s father and the mother agrees; or on the basis of genetic testing, the man is indicated to be the child’s biological father. A petitioner under this subtitle shall give a court notice that a man who is not named in the petition and has not been excluded as a father claims paternity. After a request of a party or claimant and before ruling on a petition for adoption under this subtitle, a court shall hold a hearing on the issue of paternity.

In a case under this subtitle, a court shall appoint an attorney to represent a parent who: has a disability that makes the parent incapable of effectively participating in the case; or when the parent must decide whether to consent to adoption, is still a minor. To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent. In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who: has a disability that makes the prospective adoptee incapable of effectively participating in the case; and when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old. To determine whether a disability makes a prospective adoptee incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the prospective adoptee. An attorney or firm: may represent more than one party in a case under this subtitle only if the Maryland Lawyers’ Rules of Professional Conduct allow; and may not represent a prospective adoptive parent and parent in the same adoption case. Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.

A prospective adoptive parent and parent of a prospective adoptee may enter into a written agreement to allow contact, after the adoption, between: the parent or other relative of the adoptee; and the adoptee and adoptive parent. An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between: a relative or former parent of the adoptee; and the adoptee or adoptive parent. An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor. An individual who prepares an agreement described in subsection (a)(1) of this section: shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle; and if the agreement so provides, shall redact identifying information from the copies. Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, adoption. If a dispute as to an agreement made under this section arises, a court may order the parties to engage in mediation to try to resolve the dispute. A court shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee’s best interests. If a party moves to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee’s best interests, the court may modify the agreement.

A court may order an adoptive parent to pay, wholly or partly, reasonable fees for a former parent’s: independent counsel; or adoption counseling or guidance for a reasonable time. Except as provided in subsection (a) of this section, a court may assign among the parties to a case under this subtitle counsel fees, counseling or guidance fees, and costs of testing under § 5-3B-05 of this subtitle, as the court considers appropriate.

A party to a case under this subtitle may appeal to the Appellate Court of Maryland from an interlocutory or final order.

Except for a child being placed for adoption with a relative of the child, by blood or marriage within 4 degrees of affinity or consanguinity under the civil law rule, a parent or grandparent may place a child for adoption only if: a petition for adoption is filed in court; and the court, by order, sanctions the placement pending final action on the petition.

Any adult or minor may be adopted under this subtitle. Any adult may petition a court for adoption. If a petitioner is married and the prospective adoptee is a minor, the petitioner’s spouse shall join in the petition unless the spouse: is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; is not competent to join in the petition; or is a parent of the prospective adoptee; and has consented to the adoption in accordance with this subtitle. If the petitioner is married and the prospective adoptee is an adult, the petitioner’s spouse may join in the petition. Before a petition is filed under this subtitle, a petitioner shall move for, and a court shall order that, a case pending under Subtitle 3 of this title be closed. If the marital status of a petitioner changes before entry of an order under this subtitle, the petitioner shall amend the petition accordingly.

A court shall give notice of the filing of an adoption petition to each individual whose consent has been filed under this subtitle and who has not waived the right to notice.

This section does not apply to an adoption of an adult. Subsection (b) of this section does not apply to an adoption by a spouse of the prospective adoptee’s parent or a relative of the prospective adoptee. A court shall issue a show–cause order that includes advice as to the parent’s rights to: have independent counsel; and receive adoption counseling and guidance. On issuance of a show–cause order as to a prospective adoptee, a petitioner shall serve the order: on each of the prospective adoptee’s living parents who has not consented to the adoption; and if the prospective adoptee is at least 10 years old and has not consented to the adoption, on the prospective adoptee. Service under this section shall be by: personal service; or certified mail, restricted delivery, return receipt requested. Service under this section shall be attempted at the parent’s last address known to the petitioner. If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent. Notice under this subsection shall consist of substantially the following statement: To: (Father’s name) To: (Mother’s name) To: Unknown parent “You are hereby notified that an adoption case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall file a written response. A copy of the show–cause order may be obtained from the clerk’s office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.” Service under this subsection shall be by: publication at least once in one or more newspapers in general circulation in the county where the petition is filed or, if different, where the parent’s last address known to the petitioner is located; and posting for at least 30 days on a website of the Department. The Department may charge a petitioner a reasonable fee to cover the cost of posting.

Except as provided in § 5–3B–27 of this subtitle and subject to subsection (c) of this section, before ruling on a consensual adoption petition under § 5–3B–20(b)(1) of this subtitle, a court may order a court investigator or child placement agency to conduct any investigation that the court considers necessary. Except as provided in subsection (c) of this section, before ruling on a nonconsensual adoption petition under §§ 5–3B–20(b)(2) and 5–3B–22 of this subtitle, a court shall order a court investigator or an appropriate child placement agency to investigate and submit a report that includes summaries of: the prospective adoptee’s emotional ties with and feelings toward the prospective adoptee’s parents, the prospective adoptee’s siblings, and others who may affect the prospective adoptee’s best interests significantly; and the prospective adoptee’s adjustment to: community; home; and school. If a prospective adoptee is an adult, the court may order an investigation under subsection (a) or (b) of this section only for good cause shown.

Except as provided in § 5–3B–27 of this subtitle, a court shall hold a hearing before entering an order for adoption under this subtitle.

A court may not enter an order for adoption under this subtitle until expiration of the revocation period.

In ruling on a petition for a prospective adoptee’s adoption under this subtitle, a court shall consider: all factors necessary to determine the prospective adoptee’s best interests; and any report prepared for the court. In this subsection, “disability” means: a physical or mental impairment that substantially limits one or more of an individual’s major life activities; a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities. “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325. In ruling on an adoption petition under this subtitle, a court may not deny the petition solely because the petitioner: is single or unmarried; or has a disability.

This section does not apply to an adoption of an adult. A court may enter an order for adoption only if: each of the prospective adoptee’s living parents consents: in writing; or by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle; an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; or parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–3B–04 of this subtitle; and if the prospective adoptee is at least 10 years old, the prospective adoptee consents; or in accordance with § 5–3B–22 of this subtitle, the court orders adoption without consent otherwise required under this section.

Consent of a parent may include a waiver of rights to notice of: the filing of a petition under this subtitle; and further proceedings under this subtitle. Consent to adoption under this subtitle is not valid unless the consent: is given after the prospective adoptee is born; is given in a language that the party understands; if given in a language other than English: is given before a judge on the record; or is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate; contains an express notice of: the right to revoke consent, at any time within 30 days after the consent is signed; the search rights of adoptees and parents under § 5-3B-29 of this subtitle and the search rights of adoptees, siblings, and parents under Subtitle 4B of this title; and the right to file a disclosure veto under § 5-3B-29 of this subtitle; except as to an adoption by a spouse of the prospective adoptee’s parent or a relative of the prospective adoptee, states that the parent has been advised of the parent’s rights to: have independent counsel; and receive adoption counseling and guidance; states whether the parent chose to have or not have counsel or counseling; and is accompanied by an affidavit of counsel appointed under § 5-3B-06 of this subtitle stating that a parent who is a minor or has a disability gives consent knowingly and voluntarily. Subject to subparagraph (ii) of this paragraph, a parent may revoke consent at any time within 30 days after the parent signs the consent. A parent may not revoke consent for adoption of a prospective adoptee if: in the preceding year, the parent has revoked consent for or filed a notice of objection to adoption of the prospective adoptee; and the child is at least 30 days old and consent is given before a judge on the record. A prospective adoptee may revoke consent at any time before a court enters an order of adoption under this subtitle.

This section applies only if a parent affirmatively withholds consent by filing a notice of objection. A court may allow adoption, without parental consent otherwise required under this subtitle, by a petitioner who has exercised physical care, control, or custody over the prospective adoptee for at least 180 days, if the court finds by clear and convincing evidence that: the parent has not had custody of the prospective adoptee for at least 1 year; the prospective adoptee has significant emotional ties to and feelings for the petitioner; and the parent: has not maintained meaningful contact with the prospective adoptee while the petitioner had custody, notwithstanding an opportunity to do so; has failed to contribute to the prospective adoptee’s physical care and support, notwithstanding the ability to do so; has subjected the prospective adoptee to: chronic abuse; chronic and life–threatening neglect; sexual abuse; or torture; has been convicted of abuse of any offspring; has been convicted, in any state or any court of the United States, of: a crime of violence against: a minor offspring of the parent; II.    the child; or III.    another parent of the child; or aiding or abetting, conspiring, or soliciting to commit a crime described in item A of this item; or has, other than by consent, lost parental rights to a sibling of the prospective adoptee. If a court finds that an act or circumstance listed in paragraph (1)(iii)3 or 5 of this subsection exists, the court shall make a specific finding, based on facts in the record, whether return of the prospective adoptee to the custody of the parent poses an unacceptable risk to the prospective adoptee’s safety. In determining whether it is in the best interests of a prospective adoptee to terminate a parent’s rights under this subsection, a court shall: give primary consideration to the health and safety of the prospective adoptee; and consider the report required under § 5–3B–16 of this subtitle.

A court may not grant a petition under § 5-3B-22 of this subtitle solely because a parent: does not have legal custody of a prospective adoptee by reason of a divorce or legal separation; or has been deprived of custody of a prospective adoptee by an act of the other parent.

This section does not apply to an adoption by the spouse of the prospective adoptee’s parent or a relative of the prospective adoptee. A court may not enter an order under this subtitle until the petitioner files with the court an accounting of all payments and disbursements of any item of value made by or for the petitioner in connection with the adoption.

This subsection does not limit the right of an individual to provide for distribution of property by will. Except as provided in § 2-123 of the Real Property Article, after a court enters an order for adoption under this subtitle: the adoptee: is the offspring of the adoptive parent for all intents and purposes; and is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent; each of the adoptee’s living parents is: relieved of all parental duties and obligations to the adoptee; and divested of all parental rights as to the adoptee; and the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives. Adoption of an adult has the same legal effect as adoption of a minor.

If a petition to invalidate an order under this subtitle on the basis of a jurisdictional or procedural defect is filed more than 1 year after entry of the order, a court shall dismiss the petition.

This section applies only to an adoption by: an individual who is the spouse of the prospective adoptee’s mother at the time of the prospective adoptee’s conception or birth; or 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 of the prospective adoptee. This section does not apply to a nonconsensual adoption under § 5–3B–22 of this subtitle. In a proceeding under this section, the petitioner shall file, together with the petition for adoption: for an adoption described in subsection (a)(1)(i) of this section, a copy of the petitioner’s and prospective adoptee’s mother’s marriage certificate; or for an adoption described in subsection (a)(1)(ii) of this section, evidence of the parties’ shared express intent to become parents of the child by means of assisted reproduction, including a copy of any written agreement consenting to the conception of the prospective adoptee by means of assisted reproduction; a copy of the prospective adoptee’s birth certificate; and a statement explaining the circumstances of the prospective adoptee’s conception in detail sufficient to identify any individual who may be entitled to notice or whose consent may be required under this subtitle. In ruling on a petition for adoption under this section, the court may not require an investigation under § 5–3B–16 of this subtitle or a hearing under § 5–3B–17 of this subtitle, except for good cause. The court may hold a hearing to determine whether there are additional individuals who may be entitled to notice or whose consent may be required under this subtitle if the court is not satisfied from the pleadings that the appropriate notice or consent has been provided. The court shall enter an order for adoption under this section on finding that: the petitioner was married to the prospective adoptee’s mother at the time of the prospective adoptee’s birth; or the petitioner and the prospective adoptee’s mother consent to the conception of the child by means of assisted reproduction with the shared express intent to be parents of the child; each of the prospective adoptee’s living parents, as defined in § 5–3B–01 of this subtitle, and any known gamete donor have consented to the adoption: in writing; or by failure to file timely notice of objection after being served with a show–cause order in accordance with this subtitle; and the adoption is in the best interest of the child. An order for adoption granted under this section is confirmation of parentage established under § 1–206(b) or § 1–208(b)(2) of the Estates and Trusts Article. This section may not be construed to require an individual who is a parent of a child under § 1–206 or § 1–208 of the Estates and Trusts Article to adopt the child. Unless a prospective adoptee’s living parent consents to the termination of the parent’s parental duties, obligations, or rights, an order for adoption granted under this section does not terminate the parental duties, obligations, or rights.

If, after a hearing on petition of an adoptee or former parent, a court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in court records, the court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information. An intermediary appointed under this section: only may advise an adoptee or former parent of the need for medical information; and may not: reveal any identifying information about an adoptee or former parent; or try, in any manner, to encourage or discourage contact between an adoptee and former parent. An intermediary appointed under this section shall file with the appointing court a confidential written report on the intermediary’s efforts to contact an adoptee or former parent. When a court receives a report from an intermediary, the court may disclose to the adoptee or former parent, without revealing identifying information about the adoptee or any former parent: whether the intermediary advised the adoptee or a former parent about the need for medical information; and medical information that the adoptee or a former parent provided. Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.

In this section the following words have the meanings indicated. “Director” means the State Director of Social Services. “Secretary” means the Secretary of Health. This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000. This section does not bar: an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or the Director or a confidential intermediary from obtaining a copy of a record under § 5–4B–04(c) or § 5–4B–06(b) or (c) of this title. An adoptee who is at least 21 years old may apply to the Secretary for a copy of: the adoptee’s original certificate of birth; all records that relate to the adoptee’s new certificate of birth, if any; and the report of the adoptee’s order of adoption filed by the clerk of court under § 4–211 of the Health – General Article. If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of: the adoptee’s original certificate of birth; the new certificate of birth, if any, that was substituted, under § 4–211 of the Health – General Article, for the adoptee’s original certificate of birth; all records that relate to the adoptee’s new certificate of birth; and the report of the adoptee’s order of adoption filed by the clerk of court under § 4–211 of the Health – General Article. Each applicant under this subsection shall: provide all proof of identity and other relevant information that the Secretary requires; and pay the fee required under Title 4, Subtitle 2 of the Health – General Article for a copy of a record. A biological parent may: file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section; cancel a disclosure veto at any time; and refile a disclosure veto at any time. An adoptee 21 years old may: file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section; cancel a disclosure veto at any time; and refile a disclosure veto at any time. Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary. The Secretary shall adopt regulations to carry out this section. Subject to paragraphs (3) and (4) of this subsection, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file. Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to: the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section. Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the biological parent, if that parent has filed a disclosure veto in accordance with this section. The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under this title.

Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent. Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.

Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with: placement of an individual to live with a preadoptive family; or an agreement for custody in contemplation of adoption. This section does not prohibit payment, by an interested person, of: a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical services; reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child; reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses. Each State’s Attorney shall enforce this section. A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.