| Maryland Adoption Laws page #8 of 8 |
Maryland
Who May Access Information
Citation: Fam. Law §§ 5-4C-05; 5-356; 5-357
Only the following persons may register with the adoption registry for exchange of identifying information:
• Birth parents and siblings.
• An adopted person, age 21 or older, who does not have a birth sibling under the age of 21 with the same adoptive parents.
Nonidentifying and medical information shall be available to:
• The adoptive parents.
• The adopted person.
• The birth parents.
Access to Nonidentifying Information
Citation: Fam. Law §§ 5-329; 5-356; 5-357; 5-358
A local department shall make reasonable efforts to compile and make available to a prospective adoptive parent a comprehensive medical and mental health history of the prospective adoptive child. On request of an adoptive parent, a local department shall make reasonable efforts to compile a pertinent medical and mental health history of each of the adoptive child’s birth parents, if available to the local department, and to make the history available to the adoptive parent. A medical or mental health history may not contain identifying information about a parent or former parent. On request of an adopted person, adoptive parent, or birth parent, a local department shall provide information in its adoption record on the adopted person. The records that are accessed may not contain any identifying information. If, after a hearing on a petition of an adopted person or birth parent, a court is satisfied that the adopted person, a blood relative of the adopted person, or a birth parent urgently needs medical information not in department and court records, the court may appoint an intermediary to try to contact the adopted person or a birth parent for the information.
Mutual Access to Identifying Information
Citation: Fam. Law §§ 5-4C-06; 5-4C-07
To register with the Registry, an individual shall submit a notarized affidavit containing identifying information, including the individual’s current name, any previous name by which the individual was known, address, and telephone number. A registrant may withdraw at any time by submitting an affidavit. On receipt of an affidavit, the administration shall:
• Attempt to match registrants or to provide matching information.
• If a match is made, direct the child-placing agency or the local department to notify the registrants through a confidential contact.
Access to Original Birth Certificate
Citation: Fam. Law §§ 5-359; 5-3A-42; 5-3B-29
For adoptions finalized on or after 1-1-2000: An adopted person who is at least 21 years old may apply to the Secretary for a copy of his or her original birth certificate. If an adopted person is at least 21 years old, a birth parent may apply to the Secretary for a copy of the adopted person‘s original birth certificate. A birth parent may file with the Director a disclosure veto to bar disclosure of information about that parent in an accessible record. The birth parent may also cancel a disclosure veto and refile a disclosure veto at any time. An adult adopted person may file a disclosure veto to bar disclosure of information about him or her in an accessible record. The adopted person may also cancel a disclosure veto and refile a disclosure veto at any time. Except as provided below, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.
Whenever a birth parent applies for a record, the Secretary shall redact from the copy all information as to:
• The other birth parent if that parent has filed a disclosure veto.
• The adopted person and each adoptive parent if the adopted person has filed a disclosure veto Whenever an adopted person applies for a record, the Secretary shall redact from the copy all information as to the birth parent if that parent has filed a disclosure veto.
Where the Information Can Be Located:
Maryland Mutual Consent Voluntary Adoption Registry, Social Services Administration
Maryland Vital Records Information
Maryland Department of Human Resources
Access to Adoption Records: Summary of State Laws
Maryland Mutual Consent Voluntary Adoption Registry
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm.
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