How do I adopt an adult in Maryland?

You adopt an adult in Maryland by filing a petition for adoption with the Circuit Court, which hears adoptions as an equity court, and the adult adoptee does not need parental consent. Here is how the process works.

Who can adopt and be adopted. Maryland's adoption subtitle says "Any adult may petition a court for adoption" (Md. Code, Fam. Law § 5-3B-13(b)(1)), and an adult can be the person adopted. The provisions on adult adoption do not list a required relationship, a disability, or a minimum age gap between you and the adoptee. If your situation is unusual, the Circuit Court clerk or an attorney can confirm how the court would view it.

Consent. Parental consent is not required when the person being adopted is an adult. The consent section states that it does not apply to an adoption of an adult (Md. Code, Fam. Law § 5-3B-20(a)). If you are married, your spouse may join the petition for an adult adoptee but is not required to. Whether the adult adoptee must give written consent, or whether the adoptee's own spouse has any role, is something to confirm with the clerk in your county.

Residency and where to file. Maryland sets no minimum residency period for adult adoption. You file in a county where one of the venue rules in Md. Code, Cts. & Jud. Proc. § 6-203(e) is met, such as:

• You are domiciled in that county.
• You have lived there at least 90 days before filing.
• The adoptee is domiciled there and is an adult or is related to you by blood or marriage.

Home study. A home study is generally not required for an adult adoptee. The court may order an investigation only for good cause shown (Md. Code, Fam. Law § 5-3B-16(c)).

Notice and hearing. The show-cause order and service provisions do not apply to an adoption of an adult (Md. Code, Fam. Law § 5-3B-15(a)(1)). Whether your judge will schedule a hearing is not spelled out in those sections, so ask the Circuit Court clerk what to expect. Courts in Baltimore, Frederick, Rockville, Gaithersburg, Bowie and the rest of Maryland's 24 counties may have their own local procedures and forms.

Timeline and cost. Adult adoptions in Maryland typically take about 4-8 weeks. Court filing fees generally run $200-$500, and the total cost is typically under $1,000 when you prepare the paperwork yourself, compared with $3,000-$5,000+ when an attorney handles it. Your clerk can confirm the exact fee for your county.

After the adoption. Once the court enters the order, you may want to update records. Questions about birth records can go to the Maryland Division of Vital Records.