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Domestic Infant Adoption in Maryland and D.C. Through
Private Adoption
Agencies
There are two primary types of domestic adoption – through an adoption agency or an independent / private adoption.
Agency adoptions occur when an adoption placement is arranged by a licensed child placement agency. Child placement agencies are either a local department of social services (a public or governmental agency) or a private adoption agency. In Maryland and D.C., private adoption agencies must be licensed by the state to place children for adoption.
In a domestic adoption, the adoption agency will provide counseling to potential birth parents faced with an unplanned pregnancy and will help them develop an adoption plan should they decide to place their child for adoption. As part of this adoption plan, the adoption agency may present information on potential adoptive families to the birth parents, allowing the birth parents to choose the adoptive family, or the birth parents may prefer to allow the agency to select the adoptive family. The adoption agency will then work with the potential birth parents and adoptive parents to facilitate the adoption plan. After the child is born, the adoption agency will obtain the consent of the birth parents to terminate their parental rights, place the child in the care or guardianship of the adoption agency, and authorize the agency to consent to an adoption. In Maryland, birth parents have 30 days during which they may revoke their consent whereas in D.C. birth parents have 14 days to change their mind. After that time, the adoption agency can obtain guardianship of the child. Once guardianship is granted to the adoption agency, the agency will have the right to consent to the adoption. The adoptive parents must wait at least six months days after the child is placed with them before the adoption can be finalized. During that time period, the home study provider will complete several post-placement evaluations. If all is in order, the adoption should be finalized shortly thereafter.
In some cases, a birth father may be unwilling to consent or unknown to a birth mother. If a birth father is unwilling to sign a consent, a notice to the birth father will be served on him giving him an opportunity to object or oppose the adoption plan. In Maryland, if he fails to file a timely objection within 30-90 days depending on where service occurs, his consent will be deemed and the adoption agency can move forward with the proceeding to terminate parental rights and obtain guardianship, giving them the right to consent to an adoption. In D.C., he must appear at the date and time specified in the court notice or file a proper opposition by the date specified in the notice in order to preserve his rights. If the identity of a birth father is truly unknown, the adoption agency may be permitted to publish a notice of the proceeding, and assuming no objection is filed within the time permitted, the agency will be granted guardianship with the right to consent to the adoption. If a birth father refuses to consent and take the proper legal methods to oppose it, it is possible that the adoption may not be able to move forward as an agency adoption.
If you choose to pursue an agency-assisted adoption, it is important to retain competent legal counsel to assist you through the process. As your attorney, I can review the adoption agency's contract and any proposed post adoption contact agreement obligating you to future contact with the parent(s) to ensure that your interests are protected and that you understand your obligations. I will also work with the adoption agency and the hospital to make certain that any birth plans agreed to by the potential birth parents, allowing you to be present at the birth or to have access to the baby after birth, are carried out. Finally, while the adoption agency will perform most of the legwork in locating and screening potential birth mothers, obtaining medical and social histories, coordinating birth plans and reimbursement of qualified expenses, performing the home study, and obtaining the birth parent’s consents, the agency is unable to file the necessary paperwork with the court to finalize the adoption. You will need to retain an attorney to do that for you.
If you would like more information on domestic adoptions through private agencies in Maryland and Washington, D.C., please contact Sheri today.
Agency adoptions occur when an adoption placement is arranged by a licensed child placement agency. Child placement agencies are either a local department of social services (a public or governmental agency) or a private adoption agency. In Maryland and D.C., private adoption agencies must be licensed by the state to place children for adoption.
In a domestic adoption, the adoption agency will provide counseling to potential birth parents faced with an unplanned pregnancy and will help them develop an adoption plan should they decide to place their child for adoption. As part of this adoption plan, the adoption agency may present information on potential adoptive families to the birth parents, allowing the birth parents to choose the adoptive family, or the birth parents may prefer to allow the agency to select the adoptive family. The adoption agency will then work with the potential birth parents and adoptive parents to facilitate the adoption plan. After the child is born, the adoption agency will obtain the consent of the birth parents to terminate their parental rights, place the child in the care or guardianship of the adoption agency, and authorize the agency to consent to an adoption. In Maryland, birth parents have 30 days during which they may revoke their consent whereas in D.C. birth parents have 14 days to change their mind. After that time, the adoption agency can obtain guardianship of the child. Once guardianship is granted to the adoption agency, the agency will have the right to consent to the adoption. The adoptive parents must wait at least six months days after the child is placed with them before the adoption can be finalized. During that time period, the home study provider will complete several post-placement evaluations. If all is in order, the adoption should be finalized shortly thereafter.
In some cases, a birth father may be unwilling to consent or unknown to a birth mother. If a birth father is unwilling to sign a consent, a notice to the birth father will be served on him giving him an opportunity to object or oppose the adoption plan. In Maryland, if he fails to file a timely objection within 30-90 days depending on where service occurs, his consent will be deemed and the adoption agency can move forward with the proceeding to terminate parental rights and obtain guardianship, giving them the right to consent to an adoption. In D.C., he must appear at the date and time specified in the court notice or file a proper opposition by the date specified in the notice in order to preserve his rights. If the identity of a birth father is truly unknown, the adoption agency may be permitted to publish a notice of the proceeding, and assuming no objection is filed within the time permitted, the agency will be granted guardianship with the right to consent to the adoption. If a birth father refuses to consent and take the proper legal methods to oppose it, it is possible that the adoption may not be able to move forward as an agency adoption.
If you choose to pursue an agency-assisted adoption, it is important to retain competent legal counsel to assist you through the process. As your attorney, I can review the adoption agency's contract and any proposed post adoption contact agreement obligating you to future contact with the parent(s) to ensure that your interests are protected and that you understand your obligations. I will also work with the adoption agency and the hospital to make certain that any birth plans agreed to by the potential birth parents, allowing you to be present at the birth or to have access to the baby after birth, are carried out. Finally, while the adoption agency will perform most of the legwork in locating and screening potential birth mothers, obtaining medical and social histories, coordinating birth plans and reimbursement of qualified expenses, performing the home study, and obtaining the birth parent’s consents, the agency is unable to file the necessary paperwork with the court to finalize the adoption. You will need to retain an attorney to do that for you.
If you would like more information on domestic adoptions through private agencies in Maryland and Washington, D.C., please contact Sheri today.