Second Parent Adoptions in Maryland after Assisted Reproduction

An increasing number of people are relying on the use of Assisted Reproductive Technology to build their families. For some families, including many LGBTQ+ families, a sperm donor may be used with one party's egg, resulting in one parent who is biologically related to the child, while the other parent is not. While Maryland may recognize both parties as parents to the child, it is still important for the non-biological parent in such a scenario to utilize the formal adoption process to ensure greater protection of their parental rights.

Maryland courts regularly grant "second parent adoptions" in a variety of scenarios. However, in certain situations, the law allows for a more simplified process for "second parents" to finalize the formal adoption of their child when the parties are married at the time of conception or birth, or when the parties use Assisted Reproduction to conceive their child.

This simplified approach under Maryland law applies to:

1. an individual who is the spouse of the prospective adoptee’s mother at the time of the prospective adoptee’s conception or birth; or

2. 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.

In such a case, the petitioner must file:

1. a copy of the petitioner and prospective adoptee's mother's marriage certificate (if the parties were married at the time of the child's conception/birth); or

2. evidence of the parties' shared express intent to become parents of the child by means of assisted reproduction. This includes a copy of any written agreement consenting to the conception of the prospective adoptee by means of assisted reproduction (for example, contracts entered into by the parties with cryobanks and/or fertility clinics).

Additionally, in either scenario, the petitioner must file:

1. a copy of the prospective adoptee's birth certificate; and

2. 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 process, the court may not require an investigation or hearing on the adoption petition except for good cause. In most of these cases, the court will be able to make the necessary findings required by the law based upon the filings and documents alone. Therefore, the adoption can be granted more quickly and often without any required appearance in court.

Jane Rodgers handles a variety of adoptions including second parent adoptions. Jane has worked with many LGBTQ+ families in finalizing their second parent adoptions with the court. Contact our office at 240-396-4373 to schedule a consultation.