Access to Adoption Records in Maryland

This article outlines the process for accessing adoption records in Maryland, with a focus on adoptees’ access to their original birth certificates. The article also provides information on the Post-Adoption Search, Contact, and Reunion Services.

In Maryland, access to adoption records vary based on the date the adoption was finalized. Records for adoptions finalized prior to 1947 are unsealed and publicly accessible. For adoptions finalized between 1947 and 1999, records are sealed and require a court order to access. For adoptions finalized on or after January 1, 2000, once an adoptee reaches the age of 21, they or the biological parents can request access to adoption records.

This article outlines the process for accessing adoption records in Maryland, with a focus on adoptees’ access to their original birth certificates. The article also provides information on the Post-Adoption Search, Contact, and Reunion Services.

 

Topics on this page:

 

Adoptions Prior to June 1, 1947

  • Availability: Adoption records are unsealed and available to the public. 
  • Process for Accessing Records: Individuals can access adoption records through the Maryland State Archives. Records can be ordered online or by accessed by visiting the Archives. Individuals can request copies of the adoption decree by completing the "Civil Disposition" form. The complete adoption file can be requested using the "County Court Case" form.
  • Original Birth Certificate: The adoptee's original birth certificate is part of the public record and can be accessed without restrictions.

Read the Rule: Md. Rule 9-112

 

Adoptions from June 1, 1947 to 1999

  • Availability: Adoption records are sealed and require a court order to access.  
  • Process for Accessing Records: Individuals must petition the court for access. The court evaluates requests based on the interests of confidentiality, privacy, and the need for information. Search, contact, and reunion services may be used to facilitate non-identifying communication or information exchange.
  • Original Birth Certificate: An adoptee’s original birth certificate was sealed and replaced with a new certificate reflecting the adoptive parents' information. Access to the original birth certificate requires a court order.

Read the Law: Md. Code, Family Law § 5-357

 

Adoptions on or after January 1, 2000

  • Availability: Adoption records for adoptions finalized on or after January 1, 2000, remain sealed but are more accessible for adoptees and biological parents.  Non-identifying information, such as medical history, may also be available through adoption agencies or the Department of Human Services. A court order is not required for access.
  • Process for Accessing Records:
    • Adoptees: 
      • Must be at least 21 years old.
      • Can apply to the Maryland Secretary of Health for access to:
        • Original birth certificate.
        • New birth certificate (if issued).
        • Report of the adoption order.
      • Applicants must provide proof of identity and pay applicable fees.
    • Biological Parents: If the adoptee is at least 21 years old, biological parents can also apply for the same records. They must follow the same process, providing proof of identity and paying fees.
    • Both adoptees and biological parents can utilize search, contact, and reunion services to establish communication.
  • Disclosure Vetoes: Both adoptees (21 years or older) and biological parents can file a disclosure veto with the Director of Social Services to block the release of their information. Disclosure vetoes can be canceled or refiled at any time. The Director forwards vetoes or cancellations to the Secretary of Health immediately upon receipt. 
  • Original Birth Certificate: 
    • Adoptees aged 21 or older can apply directly to the Maryland Secretary of Health for a copy of their original birth certificate without requiring a court order, provided no disclosure veto is in effect. 
    • Descendants of a deceased adoptee may also request the original birth certificate under certain conditions.
    • If the Department of Human Services denies access to the original birth certificate, an adoptee may file a petition in court. The court will consider the circumstances and may order the release of the original birth certificate if it determines that it is appropriate to do so.

Read the Law: Md. Code, Family Law § 5-3A-42,  § 5-359, § 5-3B-29
Read the Regulations: Code of Maryland Regulations 07.02.13.09

 

Post-Adoption Search, Contact, and Reunion Services

Maryland’s Department of Human Services offers Post-Adoption Search, Contact, and Reunion Services to assist adoptees, birth parents, and adoptive families in locating and connecting with one another. These services aim to facilitate respectful and voluntary exchanges of information while safeguarding the privacy of all involved. The program is designed to prioritize mutual consent and privacy. Participation in the services is voluntary for all parties.

Post-Adoption Search, Contact, and Reunion Services consists of two programs, the Mutual Consent Voluntary Adoption Registry and Confidential Intermediary Services.

Read the Regulations: Code of Maryland Regulations 07.02.13

 

Mutual Consent Voluntary Adoption Registry

The Mutual Consent Voluntary Adoption Registry (MCVAR) is a confidential database that allows birth parents, adult adoptees, and birth siblings of adoptees to register and share their information with their birth relatives who have also registered in MCVAR. Registration in MCVAR is free and open to:
adult adoptees who are 21 years of age or older, 
birth parents, and 
birth siblings who are 21 years of age or older and do not have a birth sibling younger than 21 years of age who have the same adoptive parents.

Read the Law: Md. Code, Family Law § 5-4C-05.
Read the Regulations: Code of Maryland Regulations 07.02.13.03

A match may be established through MCVAR if the adult adoptee and both birth parents, or a birth sibling, has also registered. In the cases where an adult adoptee and only one birth parent have registered on MCVAR, the match may only be made if:

  1. The unregistered birth parent was provided with notice of the filing for the petition of adoption and chose not to participate in the proceedings that terminated the parent-child relationship.
  2. An adult adoptee and a birth mother register, and there is no known natural father.
  3. Information exists that indicates the other natural parent is deceased.
  4. Notice of the filing of the petition for adoption was not given to the unregistered birth parent; or
  5. 1 year has passed since the registered birth parent  filed the affidavit and the unregistered birth parent has not filed a notarized affidavit refusing to permit the match.

NOTE: Matching information is provided to an adult adoptee if only the adult adoptee is registered and both birth parents are deceased. 

Read the Law: Md. Code, Family Law § 5-4C-07

 

Confidential Intermediary Services

In Maryland, Confidential Intermediary Services are available through the Department of Social Services for individuals. These services are designed to facilitate contact between adoptees and birth parents, while maintaining privacy and confidentiality for all parties involved. A confidential intermediary (CI) acts as a neutral third party to gather information and potentially connect adoptees with their birth families if both parties consent.

Read the Law: Md. Code, Family Law § 5-4B-01 through § 5-4B-12
Read the Regulations: Code of Maryland Regulations 07.02.13.04

 

Eligibility:

CIs may provide services to the following individuals: 

  • Adult adoptees who are 21 years of age or older and who do not have a birth sibling younger than 21 years of age who has the same adoptive parents. 
    • Adult adoptees may utilize CI Services to locate birth parents regardless of the circumstances of how the parental rights were terminated so long as the birth parent(s) being sought have not filed a Disclosure Veto.
  • Birth parents, if the adoptee is at least 21 years of age.
    • NOTE: Birth parent may not be eligible if the adoptee was found to be a Child in Need of Assistance (CINA) prior to the termination of parental rights.
  • Birth siblings, including half siblings, if they are at least 21 years of age and have also been adopted. 
    • This requirement that birth siblings must have been adopted to receive CI Services is different from the eligibility requirements for siblings seeking to register on MCVAR, which requires only that the sibling be over the age of 21.
  • Director of a local department of social services who is acting on behalf of a minor in out-of-home placement for the purpose of developing a placement resource or to facilitate a family connection.

Read the Law: Md. Code, Family Law § 5-4B-02

The CI works to locate the birth parent or adopted individual and facilitate communication between the parties. The CI can release non-identifying information about the adoptee or birth parent, and with mutual consent, they can help arrange contact or share identifying information.

The CI ensures that the identity of all parties is kept confidential unless explicit permission is given to disclose identifying information.

 

Source
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