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ADOPTION
IN MARYLAND
An Overview
CHANGES IN ADOPTION
During the last 30 years, a number of factors have
converged to dramatically change the face of adoption. Although
contraception and legal abortion have become available, the number of
out-of-wedlock births has increased. However, this has not resulted in
more infants being available for adoption. The social stigma associated
with out-of-wedlock births has diminished and more single mothers are
deciding to keep and raise their children. According to the National
Council for Adoption, 30 years ago, 20 to 30 percent of unwed mothers
placed their child for adoption. Currently, fewer than 10 percent of
children born out-of-wedlock are placed for adoption.
While the number of adoptable infants has decreased,
the number of infertile couples has increased. The American Society for
Reproductive Medicine attributes this increase to the aging of the baby
boom generation. Fertility declines with age. Baby boomers are deferring
both marriage and childbirth. In the United States, 5.3 million people,
including 8.5 percent of couples of child-bearing age, are affected by
infertility.
The demand to adopt increasingly scarce infants fueled
significant changes in adoption practice. Many birthmothers were not
willing to place their child for adoption with an adoption agency.
Adoption agencies had typically counseled and supported the birthmother
but would not permit her to have input into the selection of the couple
who would parent her child. Birthmothers, desiring more control over the
adoption process, turned to private adoption and placed their children
with couples whom they had investigated, interviewed and selected. As
agencies saw adoptable children being diverted to private adoption, they
responded by making their practices more attractive to birthmothers. A
birthmother who now works with an agency can expect to learn a great deal
of non-identifying information about the prospective adopting couple. She
may even have the option to interview willing couples.
Birthfathers have also become more assertive,
reflecting a cultural trend of increased paternal involvement in the lives
of children. Many birthfathers are not content to leave the adoption
decision to the birthmother. Some birthfathers are seeking custody of
their children rather than placing their children for adoption. A series
of Supreme Court decisions clarified the constitutional rights of fathers,
particularly the rights to due process and equal protection. However,
state courts and legislators continue to struggle with the application of
constitutional principles to birthfather consent and notice requirements.
Adoption has become a big business, prompting the
creation of new products and services. There are now travel agencies
offering reduced fares to adoptive couples traveling to meet out-of-state
birthparents. Adoption insurance is available to protect adopting couples
from financial loss resulting from a terminated adoption plan. Tapestry
Books specializes in books on adoption and infertility. Agencies and
support groups offer educational courses addressing adoption issues. The
National Adoption Foundation offers private, unsecured lines of credit to
adopting parents for adoption expenses.
ADOPTION STATISTICS
The National Council For Adoption estimates that
over 115,000 domestic adoptions are finalized each year. Data from the U.S.
State Department reveals that in 2003, 21,616 visas were
issued to orphans coming to the United States. Fifty thousand American children are
adopted annually by non-relatives. Half of the children adopted by
non-relatives are healthy infants. The remaining American children adopted
by non-relatives are older children and children with special needs.
Public agencies, private agencies and private placements each account for
one-third of adoptions, with public agencies placing mostly older children
and children with special needs. Infant adoptions are equally divided
between private agencies and private placements although the distinction
is becoming blurred with the advent of "designated adoptions,''
explained below.
Statistical information about adoption in
Maryland is not kept by the Maryland Department of Vital Records. It
is not possible to ascertain the number of adoptions finalized each year
in Maryland or the kinds of adoptions involved. The Circuit Court for
Montgomery County reports that from July 1, 1998 - June 30, 1999, 240
adoption cases were filed, including Department of Health and Human
Services (DHHS) petitions to terminate birthparent parental rights. As of
October 1, 1998, all DHHS petitions to terminate parental rights are filed
in the Juvenile Court.
TYPES OF ADOPTION
Maryland statutes establish two kinds of adoptions in
the State: agency and independent. An agency adoption is an adoption
arranged by a child placement agency, including a local department of
social services. An independent adoption, commonly known as "private
adoption," is an adoption in which the arrangement is made directly
between the birthparents and the adopting parents, i.e. independently of a
child placement agency. Independent adoption includes the adoption by a
stepparent of a child born to the stepparent's spouse from another
relationship.
A recent development is the "designated
adoption." This kind of adoption does not fall within the statutory
definitions of adoption, but is a combination of both independent and
agency adoptions. An adopting couple searches for and identifies
birthparents, who agree to place the child with them for adoption. The
parties work with an adoption agency. The agency provides support and
counseling to the birthparents and conducts a home study of the adopting
couple. The birthparents place the child for adoption with the agency.
Assuming the agency approves the adopting couple for adoption, that couple
is designated to receive the birthparents' child. The adoption thereafter
proceeds as an agency adoption.
ADOPTION LAW UNIFORMITY
Adoption laws vary significantly from state to state.
A few states prohibit independent adoptions, but may make exceptions for
close relatives of the birthparents. Some states permit an intermediary, who is not a child
placement agency, to match the parties and arrange the adoption. Maryland
is not such a state. For example, in Maryland a lawyer may not match
birthparents and adopting parents.
In 1994, the National Conference of Commissioners on
Uniform State Laws approved the Uniform Adoption Act (UAA). The UAA is a
comprehensive legislative framework intended to protect minor children in
adoption proceedings and provide uniformity in adoption law and practice.
No action on the UAA has been taken by the Maryland State legislature.
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