Maryland Adult Adoption: How It Works and When It Makes Sense

Adult adoption in Maryland creates a legal parent-child relationship between two consenting adults. It is one of the more streamlined adoption processes the state offers — no home study, no birth parent consent issues, no waiting period for revocation. Both parties want this, both parties sign, and the court formalizes it.

That simplicity makes it surprisingly common. Adult adoption is used to formalize step-parenting relationships where the paperwork was never completed, to solidify long-standing foster relationships after the foster child aged out, to establish legal kinship with someone who functioned as a parent, and to create inheritance rights that otherwise wouldn't exist under Maryland intestacy law.

Who Can Petition for Adult Adoption

Maryland law allows any adult to petition to adopt another adult. There is no minimum age gap required between the adopter and the adoptee. The only core requirement is that both parties consent — and that consent cannot be coerced.

Unlike child adoption, adult adoption does not require:

• A home study
• Background checks
• Training hours
• Post-placement supervision
• Agency involvement

The process is handled entirely through the Circuit Court of the county where either party resides.

Why Families Choose Adult Adoption

Formalizing a step-parent relationship. The most common scenario: a stepparent raised a child for years, the biological parent is deceased or out of the picture, and the adult "child" wants legal recognition of that bond. Adult adoption creates it cleanly — no contested parental rights, no agency fees.

Foster care alumni. Maryland children who aged out of foster care at 21 sometimes seek adoption by former foster parents to establish a permanent legal family connection. This is purely relational — it doesn't affect youth aging-out benefits, which are tied to the prior foster care status, not adoption.

Inheritance and estate planning. Without adoption, an adult you've treated as a child has no legal inheritance rights under Maryland's intestacy law (what happens if you die without a will). Adult adoption establishes those rights. It also affects how assets pass under a will that uses language like "my children" without naming individuals — an adopted adult becomes a legal heir under that language.

International readoption. Families who adopted a child abroad and later seek a Maryland adoption decree to obtain a Maryland birth certificate and full legal recognition sometimes use the adult adoption process once the adoptee turns 18, if the original international decree wasn't previously recognized in Maryland.

LGBTQ+ family recognition. Some same-sex couples who legally couldn't marry in earlier decades used adult adoption to establish legal family bonds. While marriage equality now provides this, a small number of families still navigate this history.

The Maryland Legal Framework

Adult adoption is handled under the same Family Law Article as child adoption, but the procedural requirements are dramatically simplified. Because both parties are adults with full legal capacity, the court's protective role — which drives most of the complexity in child adoption — is reduced.

Key legal points:

• The adoption creates a parent-child relationship "as if the child had been born to the adoptive parent" under Maryland law
• Biological family ties are legally severed on the adoptee's side (they are no longer the legal heir of their birth parents by default, though they can still inherit under a specific bequest in a will)
• The adoptee receives an amended birth certificate listing the adoptive parent
• The adoptee may legally change their surname to the adoptive parent's

The Court Process

Step 1: File the petition. The petition is filed in the Circuit Court of the county where either the petitioner (adopting parent) or respondent (adult being adopted) resides. Both parties must sign the petition.

Step 2: Submit required documentation. For adult adoption, the exhibit requirements under Maryland Rule 9-103 are reduced. Typically required: identification for both parties, any prior marriage/divorce decrees for the petitioner, and the signed consent of the adult adoptee.

Step 3: Finalization hearing. The hearing is brief — typically 15–30 minutes. Both parties appear. The judge confirms consent is voluntary and free from coercion, reviews the documentation, and signs the decree.

There is no revocation period for adult adoption. Once the decree is signed, it is final.

Step 4: Post-finalization. After the decree is issued, the Maryland Department of Health issues an amended birth certificate. The adoptee can then update Social Security records, legal documents, and any estate planning documents.

Costs

Adult adoption is substantially cheaper than child adoption because it doesn't require agency fees, home studies, or extensive court preparation.

Typical costs:

• Court filing fees: $100–$250 depending on the county
• Attorney fees: $500–$2,000 for an uncontested case (most are)
• Amended birth certificate fee: minimal

Attorney representation is not legally required for adult adoption in Maryland, but most families use one because the petition drafting and court procedure requirements are specific enough that a mistake causes delay.

What Doesn't Change

Adult adoption changes legal parentage status. It does not:

• Affect the adoptee's eligibility for benefits tied to prior status (Social Security survivor benefits based on biological parent's work record, for example, are not affected by adult adoption)
• Automatically update every legal document — you'll need to update estate planning documents, beneficiary designations, and any legal instruments that reference family relationships
• Grant the adopting parent automatic access to the adoptee's medical records without the adoptee's ongoing consent

A Note on Name Changes

An adult adoptee can take the adoptive parent's surname, but it's not automatic. If you want the name change, it must be requested in the adoption petition and granted by the court at the hearing. If it's not in the original petition, you'll need a separate name change proceeding afterward.

For families navigating the full range of Maryland adoption pathways — whether adult, stepparent, or child adoption through the court system — the Maryland Adoption Process Guide includes checklists for each pathway and the document requirements for each Maryland Circuit Court.

See more United States guides →