More Categories

Rule 9-103 – Petition

May 13, 2021 | Family Law, Maryland

(a)Titling of Case. A proceeding shall be titled “In re Adoption/Guardianship of _______________ (first name and first initial of last name of prospective adoptee or ward).
(b)Petition for Adoption.

(1)Contents. A petition for adoption shall be signed and verified by each petitioner and shall contain the following information:

(A) The name, address, age, business or employment, and employer of each petitioner;
(B) The name, sex, and date and place of birth of the person to be adopted;
(C) The name, address, and age of each parent of the person to be adopted;
(D) Any relationship of the person to be adopted to each petitioner;
(E) The name, address, and age of each child of each petitioner;
(F) A statement of how the person to be adopted was located (including names and addresses of all intermediaries or surrogates), attaching a copy of all advertisements used to locate the person, and a copy of any surrogacy contract;

Committee note: If the text of an advertisement was used verbatim more than once, the requirement that a copy of all advertisements be attached to the petition may be satisfied by attaching a single copy of the advertisement, together with a list of the publications in which the advertisement appeared and the dates on which it appeared.

(G) If the person to be adopted is a minor, the names and addresses of all persons who have had legal or physical care, custody, or control of the minor since the minor’s birth and the period of time during which each of those persons has had care, custody, or control, but it is not necessary to identify the names and addresses of foster parents, other than a petitioner, who have taken care of the minor only while the minor has been committed to the custody of a child placement agency;
(H) If the person to be adopted is a minor who has been transported from another state to this State for purposes of placement for adoption, a statement of whether there has been compliance with the Interstate Compact on the Placement of Children (ICPC);
(I) If applicable, the reason why the spouse of the petitioner is not joining in the petition;
(J) If there is a guardian with the right to consent to adoption for the person to be adopted, the name and address of the guardian and a reference to the proceeding in which the guardian was appointed;
(K) Facts known to each petitioner that may indicate that a party has a disability that makes the party incapable of consenting or participating effectively in the proceedings, or, if no such facts are known to the petitioner, a statement to that effect;
(L) Facts known to each petitioner that may entitle the person to be adopted or a parent of that person to the appointment of an attorney by the court;
(M) If a petitioner desires to change the name of the person to be adopted, the name that is desired;
(N) As to each petitioner, a statement whether the petitioner has ever been convicted of a crime other than a minor traffic violation and, if so, the offense and the date and place of the conviction;
(O) That the petitioner is not aware that any required consent has been revoked; and
(P) If placement pending final action on the petition is sought in accordance with Code, Family Law Article, § 5-3B-12, a request that the court approve the proposed placement.
(2)Exhibits.

(A) The following documents shall accompany the petition as exhibits:

(i) A certified copy of the birth certificate or “proof of live birth of the person to be adopted;
(ii) A certified copy of the marriage certificate of each married petitioner;
(iii) A certified copy of all judgments of divorce of each petitioner;
(iv) A certified copy of any death certificate of a person whose consent would be required if that person were living;
(v) A certified copy of all orders concerning temporary custody or guardianship of the person to be adopted;
(vi) A copy of any existing adoption home study by a licensed child placement agency concerning a petitioner, criminal background reports, or child abuse clearances;
(vii) A document evidencing the annual income of each petitioner;
(viii) The original of all consents to the adoption, any required affidavits of translators or attorneys, and, if available, a copy of any written statement by the consenting person indicating a desire to revoke the consent, whether or not that statement constitutes a valid revocation;

Cross reference: See Code, Family Law Article, §§ 5-313, 5-320, and 5-321 as to a Public Agency Guardianship; 5-331, 5-338, and 5-339 as to a Public Agency Adoption without Prior TPR; 5-345, 5-350, and 5-351 as to a Public Agency Adoption after TPR; 5-3A-13, 5-3A-18, and 5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B-20 and 5-3B-21 as to an Independent Adoption.

(ix) If applicable, proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; a certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws; and any appropriate translation of documents required to allow the child to enter the United States;

Cross reference: See Code, Family Law Article, §§ 5-305, 5-313, and 5-320 as to a Public Agency Guardianship; 5-305, 5-331, and 5-338 as to a Public Agency Adoption without Prior TPR; 5-305 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-05, 5-3A-13, and 5-3A-18 as to a Private Agency Guardianship; 5-3A-05 as to a Private Agency Adoption; and 5-3B-04 and 5-3B-20 as to an Independent Adoption.

(x) If a parent of the person to be adopted cannot be identified or located, an affidavit of each petitioner and the other parent describing the attempts to identify and locate the unknown or missing parent;

Cross reference: See Code, Family Law Article, §§ 5-331 and 5-334 as to a Public Agency Adoption without Prior TPR and 5-3B-15 as to an Independent Adoption.

(xi) A copy of any agreement between a parent of the person to be adopted and a petitioner relating to the proposed adoption with any required redaction;

Cross reference: See Code, Family Law Article, §§ 5-308 and 5-331 as to a Public Agency Adoption without Prior TPR; 5-308 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-08 as to a Private Agency Adoption; and 5-3B-07 as to an Independent Adoption.

(xii) If the adoption is subject to the Interstate Compact on the Placement of Children, the appropriate ICPC approval forms;

Cross reference: Code, Family Law Article, § 5-601.

(xiii) A brief statement of the health of each petitioner signed by a physician or other health care provider if applicable; and
(xiv) If required, a notice of filing as prescribed by Code, Family Law Article:

(1) § 5-313 in a Public Agency Guardianship;
(2) § 5-331 in a Public Agency Adoption without Prior TPR; or
(3) § 5-345 in a Public Agency Adoption after TPR.
(B) The following documents shall be filed before a judgment of adoption is entered:

(i) Any post-placement report relating to the adoption, if applicable;

Cross reference: See Code, Family Law Article, §§ 5-337 as to a Public Agency Adoption without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-31 and 5-3A-34 as to a Private Agency Adoption; and 5-3B-16 as to an Independent Adoption.

(ii) A brief statement of the health of the child by a physician or other health care provider;
(iii) If required by law, an accounting of all payments and disbursements of any money or item of value made by or on behalf of each petitioner in connection with the adoption;

Cross reference: Code, Family Law Article, § 5-3B-24 as to an Independent Adoption.

(iv) An affidavit of counsel for a parent, if required by Code, Family Law Article:

(1) §§ 5-307 and 5-321 in a Public Agency Guardianship;
(2) §§ 5-307 and 5-339 in a Public Agency Adoption without Prior TPR;
(3) §§ 5-3A-07 and 5-3A-19 in a Private Agency Guardianship; or
(4) §§ 5-3B-06 and 5-3B-21 in an Independent Adoption.
(v) An affidavit of counsel for a child, if the child is represented;

Cross reference: See Code, Family Law Article, §§ 5-307 and 5-338 as to a Public Agency Adoption without Prior TPR; 5-307 and 5-350 as to a Public Agency Adoption after TPR; 5-3A-07 and 5-3A-35 as to a Private Agency Adoption; and 5-3B-06 and 5-3B-20 as to an Independent Adoption.

(vi) If the adoption is subject to the Interstate Compact on the Placement of Children, the required post-placement form;
(vii) A proposed judgment of adoption; and
(viii) A Maryland Department of Health Certificate of Adoption Form.

Cross reference: Code, Health-General Article, § 4-211(f).

(c)Petition for Guardianship. A petition for guardianship shall state all facts required by subsection (b)(1) of this Rule, to the extent that the requirements are applicable and known to the petitioner. It shall be accompanied by all documents required to be filed as exhibits by subsection (b)(2) of this Rule, to the extent the documents are applicable. The petition shall also state the license number of the child placement agency.

Cross reference: See Code, Family Law Article, §§ 5-313 as to a Public Agency Guardianship and 5-3A-13 as to a Private Agency Guardianship.

(d)If Facts Unknown or Documents Unavailable. If a fact required by subsection (b)(1) or section (c) of this Rule is unknown to a petitioner or if a document required by subsection (b)(2) or section (c) is unavailable, the petitioner shall so state and give the reason in the petition or in a subsequent affidavit. If a document required to be submitted with the petition becomes available after the petition is filed, the petitioner shall file it as soon as it becomes available.
(e)Disclosure of Facts Known to Child Placement Agency. If any fact required by subsection (b)(1) of this Rule to be stated is known to a child placement agency and the agency declines to disclose it to a petitioner, the agency shall disclose the fact to the court in writing at the time the petition is filed.

Md. Fam. Law. Actions. 9-103

This Rule is derived in part from former Rule D72, in part from former Rule D80, and is in part new.

Adopted June 5, 1996, eff. Jan. 1, 1997. Amended March 5, 2001, eff. July 1, 2001; June 4, 2007, eff. July 1, 2007; June 20, 2017, eff. Aug. 1, 2017.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order added subsec. (b)(1)(K); and redesignated the remaining provisions of subsec. (b)(1) accordingly.

2007 Orders

The June 4, 2007, order in section (a), changed the titling of a case; added the word “effectively to subsection (b)(1)(K); updated a reference in subsection (b)(1)(P); in subsection (b)(2)(A)(vi), deleted “pre-placement report and added “existing adoption home study by a licensed child placement agency and “, criminal background reports, or child abuse clearances; in subsection (b)(2)(A)(viii), added “, any required affidavits of translators or attorneys,; added a new subsection (b)(2)(A)(ix); in subsection (b)(2)(A)(xi), added “with any required redaction; in subsection (b)(2)(A)(xiii), added “if applicable; added subsection (b)(2)(A)(xiv); in subsection (b)(2)(B)(i), added “, if applicable; rewrote subsection (b)(2)(B)(iv); added subsection (b)(2)(B)(v); redesignated subsections (b)(2)(B)(v) to (b)(2)(B)(vii) to be subsections (b)(2)(B)(vi) to (b)(2)(B)(viii); deleted section (e); redesignated section (f) to be section (e); and added or updated cross references throughout the rule.

Derivation:

Maryland Rule of Procedure D72, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974; Dec. 17, 1975, eff. Jan. 1, 1976; Oct. 1, 1980, eff. Jan. 1, 1981; May 31, 1983, eff. July 1, 1983; May 2, 1986, eff. July 1, 1986; March 3, 1987, eff. July 1, 1987, related to petitions, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure D80, adopted as Rule D81, renumbered as Rule D80, May 31, 1983, eff. July 1, 1983, amended May 31, 1983, eff. July 1, 1983, related to records, rescinded June 5, 1996, eff. Jan. 1, 1997.

2017 Orders

The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Health and Mental Hygiene to the “Maryland Department of Health.

The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Human Resources to the “Department of Human Services.