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Rule 9-111 – Judgment of Adoption or Guardianship

May 13, 2021 | Family Law, Maryland

(a) Time. The court may not enter a judgment of adoption or guardianship before the time set forth in Code, Family Law Article:

(1) § 5-319 in a Public Agency Guardianship;
(2) § 5-336 in a Public Agency Adoption without Prior TPR;
(3) § 5-348 in a Public Agency Adoption after TPR;
(4) § 5-3A-17 in a Private Agency Guardianship;
(5) § 5-3A-33 in a Private Agency Adoption; or
(6) § 5-3B-18 in an Independent Adoption.
(b) Information From Other Court. If a required consent indicates that any revocation of the consent must be filed in a court other than the trial court, the trial court may not enter a judgment of adoption or guardianship until it has obtained from the other court a copy of all papers filed in connection with the consent or an affidavit of the clerk of the other court that no papers were filed in connection with the consent.
(c)Supplemental Report. Before entering a judgment of adoption or guardianship, the court may require a supplemental written report from the investigating officer or agency.
(d)Change of Name. If the name of the person adopted is changed, the judgment of adoption shall state the new name of the person adopted and the names of the adopting parents.
(e)Spouse of Parent. If the adopting parent is the spouse of a parent of the person to be adopted, the judgment shall specifically state whether and to what extent the parental rights of the parent are affected.

Committee note: Any attempt to set aside a judgment of adoption by reason of a procedural defect shall be filed with the court within one year following entry of the judgment. See Code, Family Law Article, §§ 5-342 as to a Public Agency Adoption without Prior TPR; 5-353 as to a Public Agency Adoption after TPR; 5-3A-37 as to a Private Agency Adoption; and 5-3B-26 as to an Independent Adoption.

An adoptive relationship created by a judgment of adoption in another jurisdiction shall be given full faith and credit by the courts of this State. See Code, Family Law Article, §§ 5-305 as to a Public Agency Adoption without Prior TPR; 5-305 as to a Public Agency Adoption after TPR; 5-3A-05 as to a Private Agency Adoption; and 5-3B-04 as to an Independent Adoption.

For the legal effect of adoption, see Code, Family Law Article, §§ 5-341 as to a Public Agency Adoption without Prior TPR; 5-352 as to a Public Agency Adoption after TPR; 5-3A-36 as to a Private Agency Adoption; and 5-3B-25 as to an Independent Adoption.

Md. Fam. Law. Actions. 9-111

This Rule is derived in part from former Rule D79 and is in part new.

Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 4, 2007, eff. July 1, 2007.

HISTORICAL NOTES

2007 Orders

The June 4, 2007, order rewrote sections (a) and (e); and updated references in the Committee note. Sections (a) and (e) previously read:

“(a) Time. The court may not enter a judgment of adoption or guardianship before the later of (1) 30 days after the birth of the child or (2) expiration of the time for revoking all required consents.

“(e) Spouse of Parent. If the adopting parent is the spouse of a natural or biological parent of the person to be adopted, the judgment shall specifically state whether and to what extent the parental rights of the natural or biological parent are affected.

Derivation:

Maryland Rule of Procedure D79, adopted as Rule D80, renumbered as Rule D79, May 31, 1983, eff. July 1, 1983, amended May 31, 1983, eff. July 1, 1983, related to final adoption decrees, rescinded June 5, 1996, eff. Jan. 1, 1997.