Stepparent Adoption in Maryland

Let Our Waldorf Family Law Attorneys Guide You Through the Adoption Process

There are many instances where someone marries another person who has children from a previous relationship. In addition to the joy of being part of a loving family, many stepparents wish to adopt their stepchildren, giving them legal rights to make parenting decisions on behalf of their stepchildren and providing a layer of security if the biological parent is completely out of the picture.

If you are interested in adopting your stepchildren in Maryland, our Waldorf family law attorneys at the Law Office of Robert R. Castro can help you make your family whole. We understand the requirements required by the court to finalize an adoption and can ensure that you have everything you need to obtain the outcome you desire.

Everything You Should Understand About Stepparent Adoption in Maryland

Stepparent adoptions are legally significant and emotionally meaningful, offering a child the chance to gain stability, belonging, and consistent care. In Maryland, a stepparent may adopt their spouse’s child through a legal process that mirrors traditional adoption in many respects but includes unique challenges, particularly concerning consent from the noncustodial biological parent.

The process starts by filing a petition in the circuit court. From there, the petitioning stepparent must address the issue of parental rights held by the other biological parent. When that parent consents, the procedure can be relatively smooth. However, legal intervention may become necessary if the parent is unresponsive, difficult to locate, or unwilling to consent.

A common obstacle in these cases is the biological parent’s refusal to terminate their rights. Maryland law allows for the involuntary termination of parental rights in specific scenarios, including abandonment or failure to maintain contact or support. Evidence demonstrating the absence or neglect of the biological parent becomes critical in such cases. Working with Waldorf family law attorneys can help ensure the court receives the necessary documentation to support your case.

When a child is ten years or older, Maryland requires that the child provide their own written consent to the adoption. The court considers this during the review process, especially when evaluating the child’s emotional connection to the stepparent. In many families, the stepparent has assumed day-to-day parental duties for years, making the adoption a formal acknowledgment of an existing bond.

If the biological parent has a history of abuse, neglect, or legal troubles that jeopardize the child’s well-being, this information must be carefully introduced in the petition. It’s not uncommon for a child custody attorney in MD to present medical reports, school records, or third-party witness statements as part of the supporting evidence. These records may carry significant weight in the judge’s final decision, especially if they show that the child’s home life has improved due to the presence of the stepparent.

Another vital factor involves the stepparent’s future responsibilities. Once the adoption is complete, the stepparent assumes full legal responsibility for the child, including financial support. The former parent’s rights are permanently ended, which also terminates any child support obligations from that parent. A Waldorf child support attorney can help clarify how this change affects existing court orders or support agreements.

In households where the parents are separating or divorcing, stepparent adoptions are typically viewed more cautiously. If the adoption petition is submitted around the time of a marital breakdown, the court may scrutinize the motivation behind the adoption. In such cases, it becomes even more critical to demonstrate the child’s best interest and long-term benefit. A divorce attorney in Waldorf may be necessary to address the court’s concerns.

Families involving same-sex spouses, international custody issues, or unregistered biological fathers may face jurisdictional or procedural complications that require a strategic legal approach. Having a family law attorney in Waldorf who understands the standard procedures and nuances involved can significantly benefit these nontraditional cases.

Maryland Stepparent Adoption Process

The stepparent adoption process is similar to regular adoptions in Maryland, which starts when a person petitions to the state’s circuit court. Then the petitioner must obtain consent from the child’s noncustodial parent or terminate their parental rights.

Obtaining consent is often the most difficult aspect of stepparent adoption. While some parents voluntarily give up their parental rights to give the stepparent legal, financial, and child support responsibilities, some parents are reluctant to terminate their rights.

If a biological parent doesn’t consent, the petitioner must request
a court hearing and must show either of the following:

• The biological parent abandoned the child
• The biological parent fails to meet the requirements of a legal “presumed father”
• The biological parent fails to respond.

The court will make a decision based on the best interests of the stepchild. If the stepchild is of mature age, he/she can also provide consent for a stepparent adoption. The court can terminate a biological parent’s rights, allowing the adoption process to proceed without requiring consent.

Our Waldorf adoption lawyers can handle all the paperwork, gather evidence, and create an effective case strategy to get the best possible results. The most important thing is to demonstrate that being a parent to your stepchild is in his/her best interests.

Frequently Asked Questions

How long does the stepparent adoption process take in Maryland?
Most cases take three to six months, depending on whether the other biological parent consents and how long it takes to complete all required documentation and court procedures.

Is consent always required from the biological parent?
If the biological parent has legal rights and is identifiable, their consent is typically required unless a judge terminates their rights due to abandonment, lack of contact, or other qualifying reasons.

What role does the child play in this process?
Children aged ten or older must provide written consent. Younger children are not required to consent, but their emotional connection with the stepparent may still be considered.

Can the biological parent’s rights be terminated involuntarily?
Yes, Maryland courts may terminate parental rights if the parent has abandoned the child or failed to fulfill parental responsibilities, especially if doing so is in the child’s best interest.

Do I need an attorney for a stepparent adoption?
Although it’s not legally required, having Waldorf family law attorneys involved helps ensure all legal requirements are met, especially in contested or complex cases.

Will child support stop after the adoption?
Yes. Once a stepparent adoption is finalized, the biological parent whose rights are terminated is no longer obligated to pay child support.

Is the process different for same-sex couples?
No. Maryland law treats all legally married couples equally in stepparent adoptions, but unique procedural issues may still arise in some instances, especially if the biological parent lives outside the state.

Serving Families Throughout Southern Maryland

Our firm proudly supports clients throughout Southern Maryland and beyond. We regularly assist families in the following communities:

• Waldorf
• La Plata
• Brandywine
• White Plains
• Hughesville
• Indian Head
• Accokeek
• Clinton
• Mechanicsville
• Lexington Park
• Prince Frederick
• Leonardtown

Whether you’re just beginning the adoption process or facing roadblocks due to non-consenting parents, local support can make a meaningful difference.

Call (301) 870-1200 to Schedule a Consultation

Nothing brings our Waldorf family lawyers more joy than helping grow a family and making the household a more stable and secure place for children. Since complications can arise, having us on your side throughout the process can make a significant, positive difference.

For more information,
contact us and discuss your case with the Law Office of Robert R. Castro today.