Stepparent Adoption in Maryland
Reviewed by DocDraft Legal Team - Maryland - Last updated October 6, 2026
In Maryland a stepparent adoption is an independent adoption under Family Law Article Title 5, Subtitle 3B, filed in the circuit court of a county set by Courts and Judicial Proceedings 6-203(e), such as where you are domiciled. Under Family Law 5-3B-20, each living parent must consent in writing or by failing to timely file a notice of objection after being served with a show-cause order, and a child at least 10 years old must also consent. If the other parent files an objection, Family Law 5-3B-22 lets the court proceed only if you have exercised physical care, control, or custody of the child for at least 180 days and the court finds by clear and convincing evidence that the parent has not had custody for at least 1 year, the child has significant emotional ties to you, and a listed ground applies, such as no meaningful contact while you had custody despite an opportunity to have it, or no contribution to the child's care and support despite the ability to do so. The court must also find adoption is in the child's best interests and must order an investigation in that contested case.
Find out where you stand in Maryland
Where are you with adopting your stepchild?
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Can a stepparent adopt in Maryland without the other parent's consent?
Sometimes. A parent served with a show-cause order who does not timely object is treated as consenting. If the parent objects, Family Law 5-3B-22 requires 180 days of your care and clear and convincing proof that the parent lacked custody for 1 year, the child has significant emotional ties to you, and a listed ground applies, plus a best-interests finding.
Which court and which forms are used for a stepparent adoption in Maryland?
You file in the circuit court, in a county allowed by Courts and Judicial Proceedings 6-203(e), such as where you are domiciled. Maryland Rule 9-103 sets what the petition must contain, and there is no statewide petition form, so ask the clerk. Statewide consent forms exist: CC-DR-101 for the other parent and CC-DR-102 for your spouse.
Is a home study required for a stepparent adoption in Maryland?
Not automatically when every parent consents. Family Law 5-3B-16(a) lets the court order a court investigator or child placement agency to conduct any investigation it considers necessary. If the other parent objects and you ask the court to proceed under 5-3B-22, 5-3B-16(b) requires an investigation and a report on the child's ties and adjustment.
At what age must the child consent to a stepparent adoption in Maryland?
Family Law 5-3B-20(b)(1)(ii) requires the consent of a child who is at least 10 years old. The child signs Consent of Child to an Independent Adoption, form CC-DR-104 (Form 9-102.6). Under 5-3B-21(b)(2), the child may revoke that consent at any time before the court enters the adoption order.
Maryland's show-cause order, the 5-3B-22 objection test, and the age-10 consent
Maryland handles a stepparent adoption as an independent adoption under Family Law Title 5, Subtitle 3B, heard by the circuit court. Under Courts and Judicial Proceedings 6-203(e), venue lies where you are domiciled, where you have resided for at least 90 days before filing, where the child is domiciled (because the child is related to you by marriage), or where a court has continuing custody jurisdiction. Your spouse does not have to join the petition if your spouse is the child's parent and has consented (Family Law 5-3B-13(b)(2)); the Judiciary's form CC-DR-102 is the consent for a parent who keeps parental rights. Family Law 5-3B-20 allows an adoption order only if each living parent consents in writing, or by failing to timely file a notice of objection after being served with a show-cause order, and a child at least 10 years old consents. Under Maryland Rule 9-107, an objection is due within 30 days after service in Maryland, 60 days if served elsewhere in the United States, and 90 days if served outside the United States. If the parent does object, Family Law 5-3B-22 lets the court proceed without that consent only for a petitioner who has exercised physical care, control, or custody over the child for at least 180 days, and only on clear and convincing evidence that the parent has not had custody for at least 1 year, that the child has significant emotional ties to and feelings for the petitioner, and that the parent, for example, has not maintained meaningful contact while the petitioner had custody, notwithstanding an opportunity to do so, or has failed to contribute to the child's physical care and support, notwithstanding the ability to do so. Other listed grounds include chronic abuse and certain convictions. The court must give primary consideration to the child's health and safety, must order the investigation report required by 5-3B-16(b), and under 5-3B-23 may not grant the petition solely because the parent lost legal custody through a divorce. When every parent consents, an investigation is at the court's discretion under 5-3B-16(a).
Relevant Laws
Maryland Family Law 5-3B-20 (Consent to independent adoption)
Allows an adoption order only if each living parent consents in writing or by failing to timely file a notice of objection after being served with a show-cause order, and, if the prospective adoptee is at least 10 years old, the child consents; or if the court orders adoption without consent under 5-3B-22.
Maryland Family Law 5-3B-22 (Adoption without consent after an objection)
Applies only if a parent files a notice of objection. A petitioner who has exercised physical care, control, or custody for at least 180 days may adopt if the court finds by clear and convincing evidence that the parent has not had custody for at least 1 year, the child has significant emotional ties to the petitioner, and the parent, for example, has not maintained meaningful contact notwithstanding an opportunity to do so, or failed to contribute to care and support notwithstanding the ability to do so. The court must give primary consideration to the child's health and safety and consider the investigation report, and 5-3B-23 bars granting it solely because a divorce took away legal custody.
Maryland Family Law 5-3B-16 (Investigation)
Before ruling on a consensual petition, the court may order a court investigator or child placement agency to conduct any investigation it considers necessary. Before ruling on a nonconsensual petition under 5-3B-22, the court shall order an investigation and a report on the child's emotional ties and adjustment to community, home, and school.
Maryland Courts: Adoption
The Maryland Judiciary's adoption page explains that independent adoptions are often filed by a stepparent, that nonconsenting parents can file an objection, and that the court holds a hearing. The Judiciary also publishes statewide consent forms CC-DR-101, CC-DR-102, and CC-DR-104 on its forms pages; the petition follows Maryland Rule 9-103.
Regional Variances
Maryland stepparent adoption requirements
Court
Circuit court (Family Law 1-201(b)(1) gives the equity court adoption jurisdiction). Venue under Courts and Judicial Proceedings 6-203(e): where the petitioner is domiciled, where the petitioner has resided for at least 90 days before filing, where the child is domiciled if related to the petitioner by blood or marriage, or where an equity court has continuing custody jurisdiction.
Petition form
No statewide petition form; Maryland Rule 9-103 sets the required contents and exhibits, so ask the circuit court clerk. Statewide consent forms: CC-DR-101 (Form 9-102.3) for the parent whose rights end, CC-DR-102 (Form 9-102.4) for the parent keeping rights, CC-DR-104 (Form 9-102.6) for the child.
Other parent's consent
Required from each living parent, in writing or by failing to timely file a notice of objection after being served with a show-cause order (Family Law 5-3B-20(b)(1)). A written consent may be revoked within 30 days after signing (5-3B-21(b)(1)).
Proceeding without consent
Only if the parent files a notice of objection (5-3B-22(a)). Petitioner must have exercised physical care, control, or custody for at least 180 days, and the court must find by clear and convincing evidence: parent has not had custody for at least 1 year; child has significant emotional ties to and feelings for the petitioner; and one ground in 5-3B-22(b)(1)(iii), such as no meaningful contact while the petitioner had custody notwithstanding an opportunity, OR failure to contribute to physical care and support notwithstanding the ability. Best interests with primary weight on health and safety; not solely because divorce removed legal custody (5-3B-23).
Home study
Discretionary when all parents consent: the court may order a court investigator or child placement agency to investigate (Family Law 5-3B-16(a)). Mandatory investigation and report when proceeding under 5-3B-22 (5-3B-16(b)).
Residency or waiting period
No minimum marriage length. Venue may rest on 90 days' residence (CJP 6-203(e)(1)(ii)). No order until the revocation period expires (5-3B-18). Objection deadline after a show-cause order: 30 days if served in Maryland, 60 days elsewhere in the U.S., 90 days outside the U.S. (Md. Rule 9-107(b)).
Child's consent age
At least 10 years old (Family Law 5-3B-20(b)(1)(ii)), on form CC-DR-104. The child may revoke consent at any time before the adoption order (5-3B-21(b)(2)).
Spouse of the petitioner
Need not join the petition if the spouse is the child's parent and has consented (Family Law 5-3B-13(b)(2)(iii)). The judgment must state whether and to what extent that parent's rights are affected (Md. Rule 9-111(e)).
Suggested Compliance Checklist
Identify the consents needed and the route if a parent objects
Before filing days after startingList each living parent and the child if at least 10 years old (Family Law 5-3B-20). For a parent who will not sign, note that failing to timely object after service of a show-cause order counts as consent. If the parent objects, check 5-3B-22: at least 180 days of your physical care, control, or custody, and clear and convincing proof that the parent lacked custody for 1 year, the child has significant emotional ties to you, and a listed ground, such as no meaningful contact while you had custody despite an opportunity, applies, plus a finding that adoption is in the child's best interests.
Collect the signed consent forms
Before filing days after startingHave the other parent sign CC-DR-101 (Form 9-102.3), your spouse sign CC-DR-102 (Form 9-102.4), and a child at least 10 years old sign CC-DR-104 (Form 9-102.6). Note the signing dates, since a parent's consent can be revoked for 30 days.
File the petition with the circuit court
At filing days after startingPrepare a petition with the contents and exhibits required by Maryland Rule 9-103, including the original consents, and file it with the circuit court clerk in a county allowed by Courts and Judicial Proceedings 6-203(e). Ask the clerk whether the county has a local petition form and what the filing fee is.
Serve the show-cause order and track the objection deadline
Within 90 days after the order issues days after startingServe each nonconsenting parent by personal service or certified mail, restricted delivery, return receipt requested, under Family Law 5-3B-15. Track the 30, 60, or 90 day objection period in Maryland Rule 9-107. If the parent cannot be found, ask the court for service by publication.
Confirm the child's new name and update records
After the adoption order days after startingAsk in the petition for any new name so the judgment states it under Maryland Rule 9-111(d); the Judiciary's minor name change form is not used for an adoption. Then request the new birth certificate under Health-General 4-211. A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the consents needed and the route if a parent objects | List each living parent and the child if at least 10 years old (Family Law 5-3B-20). For a parent who will not sign, note that failing to timely object after service of a show-cause order counts as consent. If the parent objects, check 5-3B-22: at least 180 days of your physical care, control, or custody, and clear and convincing proof that the parent lacked custody for 1 year, the child has significant emotional ties to you, and a listed ground, such as no meaningful contact while you had custody despite an opportunity, applies, plus a finding that adoption is in the child's best interests. | - | Before filing |
| Collect the signed consent forms | Have the other parent sign CC-DR-101 (Form 9-102.3), your spouse sign CC-DR-102 (Form 9-102.4), and a child at least 10 years old sign CC-DR-104 (Form 9-102.6). Note the signing dates, since a parent's consent can be revoked for 30 days. | - | Before filing |
| File the petition with the circuit court | Prepare a petition with the contents and exhibits required by Maryland Rule 9-103, including the original consents, and file it with the circuit court clerk in a county allowed by Courts and Judicial Proceedings 6-203(e). Ask the clerk whether the county has a local petition form and what the filing fee is. | - | At filing |
| Serve the show-cause order and track the objection deadline | Serve each nonconsenting parent by personal service or certified mail, restricted delivery, return receipt requested, under Family Law 5-3B-15. Track the 30, 60, or 90 day objection period in Maryland Rule 9-107. If the parent cannot be found, ask the court for service by publication. | - | Within 90 days after the order issues |
| Confirm the child's new name and update records | Ask in the petition for any new name so the judgment states it under Maryland Rule 9-111(d); the Judiciary's minor name change form is not used for an adoption. Then request the new birth certificate under Health-General 4-211. A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the adoption order |
Frequently Asked Questions
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Filing a Workplace Harassment Complaint in Maryland
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