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Child Adoption in Maryland

Adopting a child is one of the most meaningful commitments a person or family can make — and in Maryland, there are several clear pathways to make that commitment a reality. Whether you are a foster parent who has grown to love a child in your care, a relative stepping up for a family member, or someone new to the process who simply wants to open your home and heart, this guide walks you through everything you need to know: how adoption works in Maryland, the types of adoption available, the steps from home study to finalization, financial supports, and how to get started today.

Why Adoption Matters in Maryland

Child Adoption in Marylandstockily210222024023 4603Every child deserves a safe, permanent, and loving home. In Maryland, hundreds of children are awaiting adoption at any given time. According to federal child welfare outcome data, Maryland had approximately 388 children waiting to be adopted as of fiscal year 2024 — children who are legally free or moving toward legal freedom from their birth parents and in need of a permanent family. These are real children with histories, personalities, and futures waiting to be shaped by a family who will stand with them for life.

Statewide, the number of children in out-of-home placements rose by 7.5% in the 2025 budget year, and foster care caseloads increased significantly — making the need for committed adoptive families more urgent than ever. Nationally, approximately 70,418 children were awaiting adoption at the end of fiscal year 2024. Adoption is not just a legal process — it is a lifelong act of love and commitment that changes the trajectory of a child's story.

Types of Adoption in Maryland

Maryland recognizes several distinct pathways to adoption. Understanding which type fits your situation is an important first step.

Public Agency Adoption (Foster Care Adoption)

Public agency adoption is the most common pathway for families in Maryland. When a child has been removed from their home due to abuse, neglect, or other safety concerns and placed in the custody of a Local Department of Social Services (LDSS), the long-term goal is typically family reunification. However, when reunification is not possible or not in the child's best interest, the court may change the permanency plan to adoption. At that point, foster families — or relatives who have been caring for the child — are usually the first to be considered as adoptive parents. Public agency adoption is facilitated through the Maryland Department of Human Services (DHS) and its local departments.

Private Agency Adoption

Private agency adoption is coordinated through a licensed private child placement agency rather than the state's public child welfare system. Private agencies often work with birth parents who are voluntarily making an adoption plan for their child. These adoptions may involve infants or young children and typically involve a separate application and approval process through the private agency. Maryland law requires that private child placement agencies be licensed by the Department of Human Services.

Independent Adoption

In an independent adoption, the birth parents and adoptive parents arrange the adoption directly, without the involvement of an adoption agency. This pathway gives families more direct involvement in the process. Maryland law allows for independent adoption under specific legal guidelines, and a petition for adoption must be filed with the court. Prospective adoptive parents in an independent adoption are still required to complete a home study before the adoption can be finalized.

Kinship Adoption

Kinship adoption occurs when a family member — such as a grandparent, aunt, uncle, sibling, or other relative — adopts a child. Maryland law places a strong priority on keeping children connected to family when possible. A kinship caregiver must generally be at least 21 years of age, be related to the child by blood or marriage, and demonstrate a meaningful bond and familiarity with the child's daily needs. Many kinship adoptions arise from situations in which a relative has already been serving as a foster or informal caregiver. Kinship adoption provides legal permanency while often preserving important family connections for the child.

Stepparent Adoption

Stepparent adoption is a legal process in which a stepparent formally adopts their spouse's child. This type of adoption typically requires the consent of the other biological parent (unless their rights have been terminated) and a petition filed with the circuit court. Stepparent adoptions are generally more streamlined than other types of adoption and are among the most common adoptions finalized in Maryland each year.

The Foster-to-Adopt Pathway

Many adoptions in Maryland begin as foster care placements — a pathway often called "foster-to-adopt." When a child is placed in a foster home, the original goal is always reunification with the birth family. Foster parents play a vital and supportive role in that process. However, when the court determines that reunification is not achievable and changes the permanency plan to adoption, the foster family already caring for the child is typically the first to be considered as the adoptive family.

This pathway can be both deeply rewarding and emotionally complex. Foster parents must be prepared to support a child's relationship with their birth family during the reunification phase while also being open to the possibility that the plan may eventually change. For those who feel called to both foster and adopt, the foster-to-adopt pathway is one of the most direct routes to growing a family while directly serving children in Maryland's child welfare system.

Who Can Adopt in Maryland

Maryland's adoption laws are inclusive and designed to focus on what is best for children. According to guidelines from AdoptUSKids and the Maryland Department of Human Services:

  • Prospective adoptive parents may be single or married, including same-sex couples.
  • Applicants must be at least age 21. There is no maximum age requirement, though if a prospective parent is 60 or older, the local department will assess whether their physical capacity meets the needs of the child.
  • Families are not required to be wealthy. They must simply have sufficient financial resources to provide reasonable care for a child without depending on foster care reimbursements.
  • Families may rent or own their home — homeownership is not required.
  • Applicants must be U.S. citizens or lawfully admitted permanent residents.
  • All household members — adults and children — undergo review as part of the home study process.

Step One: Becoming Home Study Approved

Before any adoption in Maryland can move forward, prospective adoptive parents must complete a home study — an educational and evaluative process designed to assess a family's readiness to adopt and to prepare them for the realities of adoptive parenting. Under Maryland regulations, a home study agency must complete the process within 90 days of receiving a completed application, or up to 150 days with written applicant consent.

The home study is conducted by a licensed social worker and is both a learning experience and an assessment. It is not designed to find reasons to disqualify families, but rather to ensure that the child being placed will be safe, well-cared-for, and supported. The home study process includes:

  • At least two interviews with the applicant(s) — both individually and together — with at least one conducted in the home
  • Individual interviews with every adult household member and every child aged 10 and older living in the home
  • Reference checks and family background review
  • Employment and education verification
  • Financial review, including discretionary income and overall stability
  • Physical and mental health assessments for all household members
  • Criminal background and child-protective-services clearances
  • Assessment of the home environment, including fire safety, firearms storage, and general living conditions
  • Parenting history and philosophy
  • Discussion of the applicant's reasons for wanting to adopt and their understanding of the unique needs of children who have experienced trauma or separation

For families pursuing adoption through the public foster care system, the home study process is combined with the resource parent (foster and adoptive parent) dual-approval process. This requires 27 hours of pre-service training and at least 10 hours of continuing training annually. This training prepares families to understand the nature of trauma, the needs of children in foster care, and the responsibilities of partnering with the child welfare system.

The Path from Foster Care to Adoption: How It Works

Understanding how a child moves from foster care to adoption helps families know what to expect and how to navigate each stage with care and clarity.

Removal and Placement

When a child is removed from their home by the Department of Social Services due to abuse, neglect, or another safety concern, the department first seeks to place the child with a relative. If a relative is unable or unwilling to provide care, the child is placed with a licensed foster family. The local department maintains a reunification goal and works with the birth family to address the conditions that led to removal.

Permanency Planning

Maryland law requires a permanency planning hearing no later than 11 months after a child enters out-of-home placement. At this hearing, the court determines whether reunification remains the appropriate goal or whether a different permanency plan — such as adoption, guardianship, or another permanent arrangement — is in the child's best interest.

Termination of Parental Rights (TPR)

When the court determines that adoption is the appropriate permanency plan, the local department must file a petition for Termination of Parental Rights (TPR) within 30 days (or 60 days if the local department does not support the plan change). TPR is the legal process by which a court formally ends the legal parent-child relationship between a child and their birth parents. Once TPR is granted, the local department or a licensed private agency holds legal guardianship of the child, and the adoption process can proceed. Under the federal Adoption and Safe Families Act (ASFA), child welfare agencies are also required to file for TPR if a child has been in foster care for 15 of the most recent 22 months, unless an exception applies.

Matching and Pre-Adoptive Placement

Once a child is legally free for adoption (or close to it), the child's social worker works to identify the best possible adoptive family. The foster family currently caring for the child is typically considered first. If neither the foster family nor any relatives wish to adopt, the child may be referred to other local families or, if necessary, to private agencies that can expand the search regionally or nationally. The matching process takes into account the child's history, needs, relationships, and the prospective family's strengths and experience.

Finalization

Once the child is placed with the adoptive family and both the family and the agency are satisfied that the placement is going well, a petition for adoption is filed with the circuit court. A judge reviews the petition and, if the adoption is determined to be in the child's best interest, issues a final adoption decree. At that point, the adoption is legally complete. The adoptive parents may petition to change the child's name, and a new birth certificate is issued in the child's adoptive name. The original birth certificate is sealed.

Open, Semi-Open, and Closed Adoptions

One of the important decisions in any adoption is determining what kind of post-adoption relationship, if any, the child will have with their birth family. Maryland law and practice recognize three general approaches.

In an open adoption, the adoptive and birth families maintain some level of ongoing contact — which may include in-person visits, letters, photographs, phone calls, or other communication. Under Maryland Family Law § 5-308, prospective adoptive parents and birth parents may enter into a written Post-Adoption Contact Agreement (PACA) that outlines the type and frequency of contact after the adoption. Maryland is among the states where these agreements are legally enforceable in court — meaning that if one party fails to honor the agreement, the other may seek court intervention. The adoption itself cannot be reversed based on a PACA dispute, but the court can require compliance with the terms.

In a semi-open adoption, there is less direct contact, but the adoptive family agrees to send periodic updates, photographs, or letters to the birth family. This approach allows the child to have some connection to their origins without regular face-to-face meetings. In a closed adoption, there is no ongoing contact between the birth family and the adoptive family after finalization. While closed adoptions were once the norm, open and semi-open adoptions are increasingly common and are supported by research showing that many children benefit from age-appropriate access to their history and identity.

Adoption Before and After Termination of Parental Rights

Adoption Prior to TPR

In some cases, birth parents whose rights have not yet been terminated may be willing to participate in negotiating a post-adoption contact agreement directly with the prospective adoptive family. Maryland policy encourages careful consideration of whether an open adoption — preserving some form of contact — may be in the child's best interest even in cases where the permanency plan is adoption. This negotiation occurs before rights are terminated and is documented in a written agreement that may become part of the adoption decree.

Adoption Following TPR

Once parental rights have been terminated, the local department or licensed agency holds court-appointed guardianship of the child. The agency then works to finalize the adoption with the identified adoptive family. If the court finds the adoption to be in the child's best interest, it issues a final adoption decree. The child legally becomes the child of the adoptive parents in every respect — with all the rights, responsibilities, and protections that come with that relationship.

Financial Support for Adoptive Families

The financial dimension of adoption can feel overwhelming, but Maryland and the federal government offer meaningful support to help families meet the costs of adopting — particularly when adopting children with special needs from foster care.

Adoption Assistance (Subsidy)

Many children adopted from Maryland's foster care system qualify for adoption assistance — a monthly financial subsidy and Medicaid coverage designed to help families meet a child's ongoing needs. Maryland defines a child with "special needs" broadly, and many children in foster care qualify. Special needs factors include being age six or older, belonging to a sibling group, having a physical, mental, or emotional disability, or being a member of a racial or ethnic minority group combined with other placement barriers.

According to current data from Families Rising, Maryland's maximum monthly adoption assistance rates are $835 per month for younger children and $850 per month for older youth (as of 2025). The exact amount is negotiated between the adoptive family and the local department based on the child's individual needs. Adoption assistance payments may not exceed the foster care board rate for the child. Families adopting medically fragile children from treatment foster care may receive up to $2,000 per month. Assistance payments begin after the adoption is finalized, though pre-adoptive families continue to receive foster care board rates during the pre-adoptive placement period.

Maryland also offers deferred adoption assistance for children with "at-risk" designations — meaning a potential special need existed at the time of adoption but had not yet manifested. Families may access this deferred assistance later if the need emerges. Additionally, Maryland reimburses up to $2,000 per child in non-recurring adoption expenses (one-time costs such as attorney fees, court costs, and related fees) for special needs adoptions.

Federal Adoption Tax Credit

The federal Adoption Tax Credit provides significant financial support to adoptive families. For the 2025 tax year, the maximum credit is $17,280 per eligible child. Beginning in 2025, up to $5,000 of the adoption tax credit became refundable as part of the One Big Beautiful Bill Act — meaning qualifying families may receive up to $5,000 back even if their federal tax liability is low or zero. The credit begins to phase out for families with a modified adjusted gross income (MAGI) above $259,190 and is fully phased out above $299,190. Qualified expenses include adoption fees, attorney costs, court costs, and travel. Families adopting children with special needs from foster care may claim the full credit amount regardless of actual expenses incurred.

Post-Adoption Support

Adoption is a beginning, not an ending. Many children adopted from foster care have experienced trauma, loss, and instability, and they may need ongoing support to thrive in their new families. Maryland recognizes this and offers post-adoption support services through local departments and private agencies, including:

  • Therapeutic and counseling services for adopted children and adoptive families
  • Support groups for adoptive parents
  • Respite care services
  • Continued Medicaid coverage for children receiving adoption assistance
  • Access to the Maryland Resource Parent Training (MRPT) and other ongoing educational programs

Adoptive families are encouraged to connect with their local Department of Social Services, licensed private agencies, and community organizations for ongoing support. Organizations like The Blue Ribbon Project also offer resources and community connections for families who have come through the foster care system.

How to Get Started

Taking the first step toward adoption can feel like a big leap — but the path forward is clearer than it may seem. Here is how to begin:

  1. Decide which pathway is right for you. Consider whether you are interested in foster care adoption, private agency adoption, kinship adoption, or another route. Each pathway has different timelines, processes, and costs.
  2. Contact your local Maryland Department of Social Services. If you are interested in adopting from foster care, reach out to the local DSS in your county or Baltimore City to begin the process. Staff can walk you through orientation sessions and the dual-approval (foster and adoptive) home study process.
  3. Contact a licensed private adoption agency. If you are pursuing a private agency or independent adoption, work with a Maryland-licensed agency to begin your home study and application. Maryland's DHS maintains an Adoption Directory of licensed private agencies.
  4. Complete your home study. This educational and evaluative process is required for all adoptions. It takes approximately 90 days once your completed application is submitted.
  5. Connect with support resources. Whether you are at the beginning of the process or mid-journey, support from other adoptive families, professionals, and community organizations can make a significant difference. You do not have to navigate this alone.

Reporting Abuse / Get Help

If at any point during your journey — whether as a prospective adoptive parent, a foster parent, or a community member — you have concerns about the safety or well-being of a child, please do not wait to act. Child safety is everyone's responsibility.

  • If a child is in immediate danger, call 911.
  • Childhelp National Child Abuse Hotline: Call or text 1-800-422-4453 (1-800-4-A-CHILD) — available 24/7, with crisis counselors and referrals to local services.
  • Mental health crisis support: Call or text 988 (988 Suicide & Crisis Lifeline) if you or someone you know is in crisis.
  • Maryland Department of Human Services: dhs.maryland.gov — for local DSS contact information, adoption resources, and foster care inquiries.

Sources and Resources