People who choose to adopt are very special. In light of today’s continually changing legal landscape, we thought it would be a good time to re-visit the concept of second parent adoption. Second parent adoptions in Maryland and DC require you provide the child's original birth certificate, your original marriage certificate and certified copies of your divorce decree. There is, however, no prohibition against a same sex couple adopting a child unrelated to both of them. According to law, states have the right to honor or deny second parent adoption. A same-sex couple who could not jointly adopt in the past wants to now protect the non-adopting partner’s legal rights to their child. In Maryland, there is no provision for permitting a second parent adoption by statute or case … In the District of Columbia, consent is irrevocable upon execution for a private adoption and a birth parent has 14 days to revoke their consent to adoption if the baby is placed through an agency. The parents then return to Maryland to obtain a second parent adoption or stepparent adoption in Maryland. With the legalization of same-sex marriage, married LGBTQ couples in most states have the right to adopt. Some other states will not grant same sex adoptions so talk to your attorney before you get started to ensure your adoption plan can be completed. We also work with clients interested in gestational surrogacy and the use of egg, embryo or sperm donors to complete … Second parent adoption is the legal term for the second adoption of a biological child or adopted child by a same sex partner. Alabama, Mississippi, Michigan, North Dakota, South Dakota, Texas and Virginia all have similar laws.”. Second parent adoptions are commonly completed by same-sex couples who are in a committed relationship and who are raising a child together, but may not be legally married. Public Agency Adoption - The Maryland Department of Human Services places children for public agency adoptions. This may be a step-parent or second parent adoption. A second parent adoption is when one partner wishes to legally adopt the other partner’s child so they share equal legal parental rights. I didn't want to be a "second parent." Adoption counseling; Adoptive parents are required to file an accounting of all payments and disbursements made in connection with the adoption. In Virginia, a birth mother consents in Court in front of Judge three days or more after the baby is born and has seven days to revoke. In Maryland, a birth parent has 30 calendar days to revoke their consent to an adoption whether private or agency. If you’re unsure about what type of adoption might be most appropriate for you and your family, talk to an experienced Annapolis family law attorney for guidance. Second-parent adoptions have been around longer than many people realize because up until 2017, they had not been legalized in all 50 states. What to Do if Second-Parent … The state of Maryland has permitted second-parent-adoption since 1996, and in DC second-parent-adoption became legal in 1995. Most Maryland stepparent adoptions occur when one parent is largely absent or has completely abandoned the child. Step-parent adoptions by same-sex married couples became legal in 2014 in the Commonwealth of Virginia. I wanted to be a mom. Today, second parent adoption in either jurisdiction is routinely granted as long as the parents have met the adoption criteria required by the local court. The Process of Second Parent Adoptions in the District of Columbia, Virginia, and Maryland. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. Or, if your family is already complete but lacks legal formalization of the bonds you share, we can help. Despite being slower to grant these equal adoption rights to same-sex couples than other states, step-parent adoption in Virginia is now recognized for all families. People typically choose second parent adoption when they are unmarried or if they’re a same-sex couple who wants to ensure their parental rights stay protected. What’s most important is that you protect your parental rights and the rights of your child. Same-sex couples and the stepparent procedure A second parent adoption, also sometimes called a co-parent adoption, is an additional way for same-sex couples to both become the parents and guardians of … This means that lesbian couples who gave birth to a child in the District of Columbia after July 1, 2009 will be able to obtain a second-parent adoption in D.C., even if they reside outside of the District. Our adoption professionals guide you through the process and help you on your path to parenthood.The adoption process starts when you decide to adopt a child.Once you’ve made that decision, you need to dete… Today, second parent adoption in either jurisdiction is routinely granted as long as the parents have met the adoption criteria required by the local court. Adoption is a wonderful way to build a family. The Standard Process for Maryland Adoptions . Things can be even more difficult for LGBTQ couples who are unmarried (because there is no presumption of parentage for the non-biological parent), or for couples who get together after a child has been born. We offer Maryland Adoption Forms and Packages that cover almost every adoption need. Click here to learn about the benefits to keeping your adoption local Email Us Now Birth Mothers who need someone to talk to, email us now. Adoption is a beautiful journey, filled with so many emotions.There is excitement, anxiety, and an overwhelming experience of love. SECOND PARENT & STEPPARENT ADOPTIONS FOR MARYLAND RESIDENTS. Consent to Adoption - Without Termination of Parent Rights; Consent to Adoption - Termination of Parental Rights *Effective June 1, 2019, Maryland adoption and parentage laws for second/same sex parent adoptions changed. Please note that while we have tried to be as current as possible, laws are occasionally rewritten and/or amended; accordingly, the Maryland adoption law provided below may have errors, … This typically occurs when the couple is unmarried or if they’re a same-sex couple and wish to ensure their parental rights are protected. Copyright 2020 Cynthia H. Clark & Associates, LLC | All Rights Reserved, Second Parent, Stepparent and Adult Adoption – The Many Ways to Make a Family, Same-Sex Divorce and Dissolution of Partnerships, The Uniformed Services Former Spouse Protection Act, Difference between sole and joint custody, Things to keep in mind when healing after a divorce. Second parent adoptions often occur when one lesbian partner bears the child with the use of donor sperm, or where a male couple uses a gestational carrier to carry their child and one is the biological father. The family law attorneys at Cynthia H. Clark & Associates, LLC are experienced in all aspects of adoption. Second-Parent and Stepparent Adoption. An attorney is always needed to complete a second-parent adoption in Virginia, Maryland or Washington, D.C. Jennifer and Catelyn are proud to help couples to complete their families through second-parent adoptions, and have many years of experience doing so. There are challenges along the way. They have a strong belief that all children deserve a loving family to call their own. A second-parent adoption allows a second parent to adopt a child without the "first parent" losing any parental rights. Jennifer has been seen on ABC News discussing the marriage recognition in Maryland and marriage in the District of Columbia, specifically regarding the impact on LGBTQ clients considering becoming parents. How Family Formation Law Offices Can Help You Complete Your Second-Parent Adoption. One partner completed an adoption on his or her own, and the other partner is ready to legalize his or her parental relationship with the adopted child. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form. Second Parent Adoptions in LGBT Families and ART Cases. Attention Adoptive Parents: Learn more about the adoption process in Maryland and how you can adopt a child in MD. Our goal is to ensure and protect the rights of you and your children. It is still recommended to all parents in same-sex or same-gender relationships to secure their parental rights through an adoption, as a birth certificate is a "presumption of parentage" but the adoption is a judicial determination given full faith and credit across the country. Her extensive experience in family-building makes her the top choice for the LGBT community in securing parental rights through adoption or parentage actions. What are the laws to become a foster parent in Maryland? Adoption gives both parents, regardless of their biological relationship to a child, legal custody rights over a child. In a second parent adoption, both the existing parent … The District of Columbia allows second parent adoptions to take place in the District if a child is (was) born in the District on or after July 1, 2009. There are many children in Maryland that want nothing more than to become part of a loving stable family. In a Virginia agency case, the birth mother signs a relinquishment to the agency and does not appear in court. Maryland and D.C. allow both second parent and step parent adoptions for same-sex partners and Virginia will allow for a step-parent adoption (thus you must be married in Virginia to adopt your partner/spouse's child). The second-parent adoption or co-parent adoption is a process by which a marriage partner can adopt her or his partner's biological or adoptive child without terminating the first legal parent's rights. If you are an LGBTQ, contact us  about the process for gay and lesbian second parent adoption in Maryland and the District of Columbia and step-parent adoption for LGBTQ parents in Virginia. The application forms, however, remain as confusing as any other state’s. The importance of handling your second parent adoption in Maryland. Contact us now to learn more about all of your family-building options so you can choose the path that’s best for your family. There is no reason to believe that a state which would deny an adoption to a gay couple would not also find a way to block a second-parent adoption. The consent must: Be given in a language the party speaks. There are many ways for you to become a family. Once completed, the child will receive a new birth certificate showing the child's new name and the new parent. The new law, found in Maryland Family Law Article 5-3B-27, streamlines and expedites the adoption process for second… We hope to help you learn more about the child adoption laws in the State of Maryland. DC, for example, legalized second-parent adoptions over 20 years ago, which has led to the establishment of laws to protect all parties involved. If you use a gestational surrogate which is recommended since it provides greater legal protections for all the parties, you can often obtain a birth order declaring your parentage prior to the baby's birth avoiding the need for an adoption. The Adoption forms are to be completed and signed by the parent who is giving up all rights to and custody of the minor child to be adopted. What is adoption? These adoptions, called second parent adoptions, are similar to step-parent adoptions in that the child is legally related to one parent who consents to the adoption, while desiring to retain his/her parental rights to the child. To be approved as a foster parent in Maryland, applicants must meet the following requirements: Be at least 21 years old For example: if Joe is already Ann's parent, and Sue wants to adopt Ann without terminating Joe's rights, then a second parent adoption would be used. Maryland, Virginia and the District of Columbia will name a married lesbian couple as the parents of a child born to them when the birth mother identifies her spouse at the hospital as her spouse and the child's other mother. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. In the District of Columbia, Virginia and Maryland, LGBTQ individuals — both single individuals and couples — are also eligible to adopt through an agency, foster care or private placement adoption although religious based agencies in Virginia can refuse to work with you or your family. What is a Maryland Stepparent Adoption … Yes. Private Agency Adoption - Any person or organization that places children for adoption must be licensed through the Social Services Administration. Instead of letting labels define us, why don't we make them our own? | 827 Woodside Parkway | Silver Spring, MD 20910 | P: 240-863-2441 | E: jfairfax@jenniferfairfax.com, Searching Parents (Prospective Adoptive Parents), Partnering with Someone You Know for Surrogacy, Reported Decisions, Published Works and Media Appearances. As you know, there’s no one way to make a family. You cannot risk any mistakes in your application because it might prolong an already testing length of time before you can finally … The law was passed to allow a second parent to adopt a child without removing legal parental rights from the first parent. Step parent adoption in Maryland comes with one of the most convenient legal processes all across the country. To learn more about second-parent adoption in DC, MD and VA, read the following guide for more information: Who Might Consider Adopting a Partner’s Child? A stepparent adoption in Maryland takes approximately 3 months to be final. An adoption is a judicial order – not a presumption – and must be followed by law. Not only is it protected by our laws, but it can safeguard your and your child’s rights if you ever decide to move. Jennifer has worked with couples using known sperm donors, gestational carriers, egg donors and in situations where one lesbian partner is the biological mother and the other is the birth mother. Our staff is especially knowledgeable about the adoption laws of Maryland, having successfully completed the adoption of more than 1,000 Maryland children. However, you are never alone. In Maryland, there is no provision for permitting a second parent adoption by statute or case law. Parents and other close relatives may put a child up for adoption … In Maryland, stepparent adoptions represent one of the most common forms of adoption. According to law, states have the right to honor or deny second parent adoption. In the District, marriage is not required to take advantage of this law, so long as the couple signs parentage paperwork at the hospital. Non-resident couples may obtain an adoption in the District or a Judgment of Parentage based solely on the birth of the child in the District of Columbia. In this case, a Maryland stepparent will petition the Maryland Circuit Court to establish legal parental rights to a child. How does adoption consent work in Maryland? Locate Maryland adoption forms for a variety of different adoption situations. The obvious step for any prospective adopting parent(s) is … The idea of Maryland adoptions pretty much spans the entire gamut of class system, and it just so happens that an adoption can cost anywhere from $0 to $40,000, depending on the type of adoption in Maryland. Child Adoption Laws Maryland. “I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. If you’re ready to legally confirm your status as a family, contact us now. For example, if one person previously adopted a child individually or has a biological child from a previous relationship, their partner may choose to complete a second parent adoption so that they can have equal legal rights to their child. In this way, the child comes to have two legal parents. The first second parent adoption in Maryland was granted in late 1996, and the first second parent adoption in the District of Columbia was granted in 1995. Why "Second Parent?" Second parent adoption is when one partner legally adopts the other partner’s child, giving them both equal and legal parental rights. Republican-governed Kansas and Oklahoma passed such laws this year. Client feedback demonstrates that Jennifer is one of the top adoption attorneys for the LGBTQ community. In Maryland, there is no provision for permitting a second parent adoption by statute or case law. 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