Maryland 2025 Regular Session

Maryland House Bill HB243 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0243
9	6
10	7		HOUSE BILL 243
11	8		D4 5lr1170
12	9		HB 214/24 – JUD (PRE–FILED)
13	10		By: Delegate Boyce
14	11		Requested: October 10, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Judiciary
17		-	Committee Report: Favorable
18		-	House action: Adopted
19		-	Read second time: February 18, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Family Law – Adoption of an Adult 2
26	20
27	21		FOR the purpose of limiting the requirement that a petitioner’s spouse join in the petition 3
28	22		for adoption to apply only when the prospective adoptee is a minor; authorizing a 4
29	23		petitioner’s spouse to join in the petition for adoption if the prospective adoptee is an 5
30	24		adult; establishing that certain provisions of law requiring the issuance and service 6
31	25		of a show–cause order on a prospective adoptee’s parents do not apply if the 7
32	26		prospective adoptee is an adult; authorizing a court to order, for good cause shown, 8
33	27		certain investigations before ruling on certain adoption petitions involving a 9
34	28		prospective adoptee who is an adult; establishing that parental consent to an 10
35	29		adoption is not required if the prospective adoptee is an adult; and generally relating 11
36	30		to the adoption of an adult. 12
37	31
38	32		BY repealing and reenacting, with amendments, 13
39	33		Article – Family Law 14
40	34		Section 5–3B–13, 5–3B–15, 5–3B–16, and 5–3B–20 15
41	35		Annotated Code of Maryland 16
42	36		(2019 Replacement Volume and 2024 Supplement) 17
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45	39		That the Laws of Maryland read as follows: 19
46	40
47	41		Article – Family Law 20
	42	+
	43	+	5–3B–13. 21
	44	+
	45	+	(a) Any adult or minor may be adopted under this subtitle. 22
	46	+
	47	+	(b) (1) Any adult may petition a court for adoption. 23
48	48		2 HOUSE BILL 243
49	49
50	50
51		-	5–3B–13. 1
	51	+	(2) If a petitioner is married AND THE PROSPECTIVE ADOPTEE IS A 1
	52	+	MINOR, the petitioner’s spouse shall join in the petition unless the spouse: 2
52	53
53		-	(a) Any adult or minor may be adopted under this subtitle. 2
	54	+	(i) is separated from the petitioner under a circumstance that gives 3
	55	+	the petitioner a ground for annulment or divorce; 4
54	56
55		-	(b) ~~(1) Any adult may~~ petition ~~a court for adoption. 3~~
	57	+	(ii) is not competent to join in the petition; or 5
56	58
57		-	(2) If a petitioner is married AND THE PROSPECTIVE ADOPTEE IS A 4
58		-	MINOR, the petitioner’s spouse shall join in the petition unless the spouse: 5
	59	+	(iii) 1. is a parent of the prospective adoptee; and 6
59	60
60		-	~~(i) is separated from~~ the ~~petitioner under a circumstance that gives 6~~
61		-	~~the petitioner a ground for annulment or divorce; 7~~
	61	+	2. has consented to the adoption in accordance with this 7
	62	+	subtitle. 8
62	63
63		-	(ii) is not competent to join in the petition; or 8
	64	+	(3) IF THE PETITIONER IS MARRIE D AND THE PROSPECTIV E ADOPTEE 9
	65	+	IS AN ADULT, THE PETITIONER ’S SPOUSE MAY JOIN IN THE PETITION. 10
64	66
65		-	(iii) 1. is a parent of the prospective adoptee; and 9
	67	+	(c) Before a petition is filed under this subtitle, a petitioner shall move for, and a 11
	68	+	court shall order that, a case pending under Subtitle 3 of this title be closed. 12
66	69
67		-	~~2. has consented to~~ the ~~adoption in accordance with~~ this 10
68		-	subtitle. 11
	70	+	(d) If the marital status of a petitioner changes before entry of an order under this 13
	71	+	subtitle, the petitioner shall amend the petition accordingly. 14
69	72
70		-	(3) IF THE PETITIONER IS MARRIE D AND THE PROSPECTIV E ADOPTEE 12
71		-	IS AN ADULT, THE PETITIONER ’S SPOUSE MAY JOIN IN THE PETITION. 13
	73	+	5–3B–15. 15
72	74
73		-	(c) Before a petition is filed under this subtitle, a petitioner shall move for, and a 14
74		-	court shall order that, a case pending under Subtitle 3 of this title be closed. 15
	75	+	(a) (1) THIS SECTION DOES NOT APPLY TO AN ADOPTION OF AN ADULT . 16
75	76
76		-	(d) ~~If the marital status~~ of ~~a petitioner changes before entry of~~ an ~~order under this 16~~
77		-	~~subtitle,~~ the ~~petitioner shall amend~~ the ~~petition accordingly~~. 17
	77	+	(2) Subsection (b) of this section does not apply to an adoption by a spouse 17
	78	+	of the prospective adoptee’s parent or a relative of the prospective adoptee. 18
78	79
79		-	5–3B–15. 18
	80	+	(b) A court shall issue a show–cause order that includes advice as to the parent’s 19
	81	+	rights to: 20
80	82
81		-	~~(a)~~ (1) ~~THIS SECTION DOES NOT APPLY TO AN ADOPTION OF AN ADULT . 19~~
	83	+	(1) have independent counsel; and 21
82	84
83		-	(2) Subsection (b) of this section does not apply to an adoption by a spouse 20
84		-	of the prospective adoptee’s parent or a relative of the prospective adoptee. 21
	85	+	(2) receive adoption counseling and guidance. 22
85	86
86		-	(b) ~~A court shall issue~~ a show–cause order ~~that includes advice~~ as to ~~the parent’s 22~~
87		-	~~rights to~~: 23
	87	+	(c) On issuance of a show–cause order as to a prospective adoptee, a petitioner 23
	88	+	shall serve the order: 24
88	89
89		-	(1) have independent counsel; and 24
	90	+	(1) on each of the prospective adoptee’s living parents who has not 25
	91	+	consented to the adoption; and 26
90	92
91		-	(2) receive adoption counseling and guidance. 25
	93	+	(2) if the prospective adoptee is at least 10 years old and has not consented 27
	94	+	to the adoption, on the prospective adoptee. 28
92	95
93		-	(c) On issuance of a show–cause order as to a prospective adoptee, a petitioner 26
94		-	shall serve the order: 27
95		-	HOUSE BILL 243 3
96		-
97		-
98		-	(1) on each of the prospective adoptee’s living parents who has not 1
99		-	consented to the adoption; and 2
100		-
101		-	(2) if the prospective adoptee is at least 10 years old and has not consented 3
102		-	to the adoption, on the prospective adoptee. 4
103		-
104		-	(d) Service under this section shall be by: 5
105		-
106		-	(1) personal service; or 6
107		-
108		-	(2) certified mail, restricted delivery, return receipt requested. 7
109		-
110		-	(e) Service under this section shall be attempted at the parent’s last address 8
111		-	known to the petitioner. 9
112		-
113		-	(f) (1) If a court is satisfied, by affidavit or testimony, that, after reasonable 10
114		-	efforts in good faith, a petitioner could not identify a parent or could not effect service on a 11
115		-	parent, the court shall order service through notice by publication as to that parent. 12
116		-
117		-	(2) Notice under this subsection shall consist of substantially the following 13
118		-	statement: 14
119		-
120		-	To: (Father’s name) To: (Mother’s name) To: Unknown parent “You are hereby 15
121		-	notified that an adoption case has been filed in the circuit court for (county name), case no. 16
122		-	(number). All persons who believe themselves to be parents of a (male or female) child born 17
123		-	on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall 18
124		-	file a written response. A copy of the show–cause order may be obtained from the clerk’s 19
125		-	office at (address) and (telephone number). If you do not file a written objection by 20
126		-	(deadline), you will have agreed to the permanent loss of your parental rights to this child.” 21
127		-
128		-	(3) Service under this subsection shall be by: 22
129		-
130		-	(i) publication at least once in one or more newspapers in general 23
131		-	circulation in the county where the petition is filed or, if different, where the parent’s last 24
132		-	address known to the petitioner is located; and 25
133		-
134		-	(ii) posting for at least 30 days on a website of the Department. 26
135		-
136		-	(4) The Department may charge a petitioner a reasonable fee to cover the 27
137		-	cost of posting. 28
138		-
139		-	5–3B–16. 29
140		-
141		-	(a) Except as provided in § 5–3B–27 of this subtitle AND SUBJECT TO 30
142		-	SUBSECTION (C) OF THIS SECTION, before ruling on a consensual adoption petition under 31
143		-	[§ 5–3B–20(1)] § 5–3B–20(B)(1) of this subtitle, a court may order a court investigator or 32
144		-	child placement agency to conduct any investigation that the court considers necessary. 33 4 HOUSE BILL 243
	96	+	(d) Service under this section shall be by: 29 HOUSE BILL 243 3
145	97
146	98
147	99
148		-	(b) [Before] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , 1
149		-	BEFORE ruling on a nonconsensual adoption petition under [§§ 5–3B–20(2)] §§ 2
150		-	5–3B–20(B)(2) and 5–3B–22 of this subtitle, a court shall order a court investigator or an 3
151		-	appropriate child placement agency to investigate and submit a report that includes 4
152		-	summaries of: 5
	100	+	(1) personal service; or 1
153	101
154		-	(1) the prospective adoptee’s emotional ties with and feelings toward the 6
155		-	prospective adoptee’s parents, the prospective adoptee’s siblings, and others who may affect 7
156		-	the prospective adoptee’s best interests significantly; and 8
	102	+	(2) certified mail, restricted delivery, return receipt requested. 2
157	103
158		-	(2) the prospective adoptee’s adjustment to: 9
	104	+	(e) Service under this section shall be attempted at the parent’s last address 3
	105	+	known to the petitioner. 4
159	106
160		-	(i) community; 10
	107	+	(f) (1) If a court is satisfied, by affidavit or testimony, that, after reasonable 5
	108	+	efforts in good faith, a petitioner could not identify a parent or could not effect service on a 6
	109	+	parent, the court shall order service through notice by publication as to that parent. 7
161	110
162		-	(ii) home; and 11
	111	+	(2) Notice under this subsection shall consist of substantially the following 8
	112	+	statement: 9
163	113
164		-	(iii) school. 12
	114	+	To: (Father’s name) To: (Mother’s name) To: Unknown parent “You are hereby 10
	115	+	notified that an adoption case has been filed in the circuit court for (county name), case no. 11
	116	+	(number). All persons who believe themselves to be parents of a (male or female) child born 12
	117	+	on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall 13
	118	+	file a written response. A copy of the show–cause order may be obtained from the clerk’s 14
	119	+	office at (address) and (telephone number). If you do not file a written objection by 15
	120	+	(deadline), you will have agreed to the permanent loss of your parental rights to this child.” 16
165	121
166		-	(C) IF A PROSPECTIVE ADOP TEE IS AN ADULT, THE COURT MAY ORDER AN 13
167		-	INVESTIGATION UNDER SUBSECT ION (A) OR (B) OF THIS SECTION ONLY FOR GOOD 14
168		-	CAUSE SHOWN . 15
	122	+	(3) Service under this subsection shall be by: 17
169	123
170		-	5–3B–20. 16
	124	+	(i) publication at least once in one or more newspapers in general 18
	125	+	circulation in the county where the petition is filed or, if different, where the parent’s last 19
	126	+	address known to the petitioner is located; and 20
171	127
172		-	(A) ~~THIS SECTION DOES NOT APPLY TO AN ADOPTION~~ OF ~~AN ADULT~~. 17
	128	+	(ii) posting for at least 30 days on a website of the Department. 21
173	129
174		-	(B) A court may enter an order for adoption only if: 18
	130	+	(4) The Department may charge a petitioner a reasonable fee to cover the 22
	131	+	cost of posting. 23
175	132
176		-	~~(1) (i) 1~~. ~~each of the prospective adoptee’s living parents consents: 19~~
	133	+	5–3B–16. 24
177	134
178		-	A. in writing; or 20
	135	+	(a) Except as provided in § 5–3B–27 of this subtitle AND SUBJECT TO 25
	136	+	SUBSECTION (C) OF THIS SECTION, before ruling on a consensual adoption petition under 26
	137	+	[§ 5–3B–20(1)] § 5–3B–20(B)(1) of this subtitle, a court may order a court investigator or 27
	138	+	child placement agency to conduct any investigation that the court considers necessary. 28
179	139
180		-	B. by failure to timely file notice of objection after being 21
181		-	served with a show–cause order in accordance with this subtitle; 22
182		-
183		-	2. an administrative, executive, or judicial body of a state or 23
184		-	other jurisdiction has granted a governmental unit or person other than a parent the power 24
185		-	to consent to adoption, and the unit or person consents; or 25
186		-
187		-	3. parental rights have been terminated in compliance with 26
188		-	the laws of a state or other jurisdiction, as described in § 5–3B–04 of this subtitle; and 27
189		-
190		-	(ii) if the prospective adoptee is at least 10 years old, the prospective 28
191		-	adoptee consents; or 29
192		-	HOUSE BILL 243 5
193		-
194		-
195		-	(2) in accordance with § 5–3B–22 of this subtitle, the court orders adoption 1
196		-	without consent otherwise required under this section. 2
197		-
198		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
199		-	October 1, 2025. 4
	140	+	(b) [Before] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , 29
	141	+	BEFORE ruling on a nonconsensual adoption petition under [§§ 5–3B–20(2)] §§ 30
	142	+	5–3B–20(B)(2) and 5–3B–22 of this subtitle, a court shall order a court investigator or an 31
	143	+	appropriate child placement agency to investigate and submit a report that includes 32
	144	+	summaries of: 33 4 HOUSE BILL 243
200	145
201	146
202	147
	148	+	(1) the prospective adoptee’s emotional ties with and feelings toward the 1
	149	+	prospective adoptee’s parents, the prospective adoptee’s siblings, and others who may affect 2
	150	+	the prospective adoptee’s best interests significantly; and 3
203	151
204		-	Approved:
205		-	________________________________________________________________________________
206		-	Governor.
207		-	________________________________________________________________________________
208		-	Speaker of the House of Delegates.
209		-	________________________________________________________________________________
210		-	President of the Senate.
	152	+	(2) the prospective adoptee’s adjustment to: 4
	153	+
	154	+	(i) community; 5
	155	+
	156	+	(ii) home; and 6
	157	+
	158	+	(iii) school. 7
	159	+
	160	+	(C) IF A PROSPECTIVE ADOP TEE IS AN ADULT, THE COURT MAY ORDER AN 8
	161	+	INVESTIGATION UNDER SUBSECTION (A) OR (B) OF THIS SECTION ONLY FOR GOOD 9
	162	+	CAUSE SHOWN . 10
	163	+
	164	+	5–3B–20. 11
	165	+
	166	+	(A) THIS SECTION DOES NOT APPLY TO AN ADOPTION OF AN ADULT . 12
	167	+
	168	+	(B) A court may enter an order for adoption only if: 13
	169	+
	170	+	(1) (i) 1. each of the prospective adoptee’s living parents consents: 14
	171	+
	172	+	A. in writing; or 15
	173	+
	174	+	B. by failure to timely file notice of objection after being 16
	175	+	served with a show–cause order in accordance with this subtitle; 17
	176	+
	177	+	2. an administrative, executive, or judicial body of a state or 18
	178	+	other jurisdiction has granted a governmental unit or person other than a parent the power 19
	179	+	to consent to adoption, and the unit or person consents; or 20
	180	+
	181	+	3. parental rights have been terminated in compliance with 21
	182	+	the laws of a state or other jurisdiction, as described in § 5–3B–04 of this subtitle; and 22
	183	+
	184	+	(ii) if the prospective adoptee is at least 10 years old, the prospective 23
	185	+	adoptee consents; or 24
	186	+
	187	+	(2) in accordance with § 5–3B–22 of this subtitle, the court orders adoption 25
	188	+	without consent otherwise required under this section. 26
	189	+
	190	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
	191	+	October 1, 2025. 28
	192	+