Adoptee Rights Law

Legal representation and advocacy for adoptees

Last updated on

Maryland

Summary

Maryland denies adult adoptees unrestricted access to their own original birth certificates. OBCs are currently available only by court order. Adoptees who are at least 21 years of age and whose adoptions were finalized on or after January 1, 2000, may request their original birth certificates. Birth parents, however, may at any time veto disclosure of birth records or identifying information.

Maryland sealed original birth certificates in adoptions beginning in 1937. It did not, however, seal court adoption records until 1947. Nevertheless, court records for adoptions finalized before June 1, 1947, require a motion from one of the parties to seal the records.

Maryland provides search, contact, and reunion services, which could include registration with a mutual consent registry and use of a confidential intermediary to facilitate contact and potential reunion.

Relevant Maryland Law: Original Birth Certificate

Health § 4-211(d)
(d) A new certificate of birth shall be prepared on the following basis:

(1) The individual shall be treated as having at birth the status that later is acquired or established and of which proof is submitted.
(2) If the parents of the individual were not married and paternity is established by legal proceedings, the name of the father shall be inserted. The legal proceeding should request and report to the Secretary that the surname of the subject of the record be changed from that shown on the original certificate, if a change is desired.
(3) If the individual is adopted, the name of the individual shall be that set by the decree of adoption, and the adoptive parents shall be recorded as the parents of the individual.
(4) The new certificate of birth shall contain wording that requires each parent shown on the new certificate to indicate his or her own Social Security number.

(e) (1) If a new certificate of birth is made, the Secretary shall:

(i) Substitute the new certificate of birth for any certificate then on file; and
(ii) Place the original certificate of birth and all records that relate to the new certificate of birth under seal.

(2) The seal may be broken only:

(i) On order of a court of competent jurisdiction;
(ii) If it does not violate the confidentiality of the record, on written order of a designee of the Secretary; or
(iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article.

Fam. Law. § 5-3A-42 (See also Fam. Law § 5–359)
(a)(1) In this section the following words have the meanings stated.

(2) “Director” means the State Director of Social Services.
(3) “Secretary” means the Secretary of Health and Mental Hygiene.

(b) This section applies only to an adoption in which a court enters an order for adoption on or after January 1, 2000.

(c) This section does not bar:

(1) an adoptee or biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or
(2) the Director or a confidential intermediary from obtaining a copy of a record under § 5-4B-04(c) or § 5-4B-06(b) or (c) of this title.

(d)(1) An adoptee who is at least 21 years old may apply to the Secretary for a copy of:

(i) the adoptee’s original certificate of birth;
(ii) all records that relate to the adoptee’s new certificate of birth, if any; and
(iii) the report of the adoptee’s order of adoption filed by the clerk of court under § 4-211 of the Health – General Article.

(2) If an adoptee is at least 21 years old, a biological parent of the adoptee may apply to the Secretary for a copy of:

(i) the adoptee’s original certificate of birth;
(ii) the new certificate of birth, if any, that was substituted, under § 4-211 of the Health – General Article, for the adoptee’s original certificate of birth;
(iii) all records that relate to the adoptee’s new certificate of birth; and
(iv) the report of the adoptee’s order of adoption filed by the clerk of court under § 4-211 of the Health – General Article.

(3) Each applicant under this subsection shall:

(i) provide all proof of identity and other relevant information that the Secretary requires; and
(ii) pay the fee required under Title 4, Subtitle 2 of the Health – General Article for a copy of a record.

(e)(1) A biological parent may:

(i) file with the Director a disclosure veto, to bar disclosure of information about that parent in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.

(2) An adoptee at least 21 years old may:

(i) file with the Director a disclosure veto, to bar disclosure of information about the adoptee in a record accessible under this section;
(ii) cancel a disclosure veto at any time; and
(iii) refile a disclosure veto at any time.

(3) Immediately after the Director receives a disclosure veto or cancellation under this subsection, the Director shall forward a copy to the Secretary.

(f)(1) The Secretary shall adopt regulations to carry out this section.

(2) Subject to paragraphs (3) and (4) of this subsection, 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.

(3) Whenever a biological parent applies for a record, the Secretary shall redact from the copy all information as to:

(i) the other biological parent, if that parent has filed a disclosure veto in accordance with this section; and
(ii) the adoptee and each adoptive parent, if the adoptee has filed a disclosure veto in accordance with this section.

(4) Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to a biological parent, if that parent has filed a disclosure veto in accordance with this section.

(5) The Secretary shall give each applicant under this section notice of the adoption search, contact, and reunion services available under Subtitle 4B of this title.

Did I Miss Something?

I work hard to get the laws and facts straight in every state---and to keep them regularly updated. If you see something that's not quite right or doesn't fit your experience, let me know with either a quick comment or an email.

 

Reader Interactions

Comments

  1. Thank you so much for creating this very informative interactive map! It is helpful for dummies like me trying to educate ourselves about OBC laws in their state. Since I began my search and reunion a few years ago, I have been inspired to change the process of gaining info about bio family and OBCs in Maryland. I am open to suggestions!

    Thank you again!

    Reply

  2. I have a question about Maryland adoptions (1969). When a child is placed for adoption from birth with the Maryland Department of Social Services and have no given name they are given a “code name.” I know there is a metric for that but I cannot remember what it was. If I am correct it was the first letter of the birthmother’s middle name and first letter of the birthmother’s last name. But I am not certain of that. Can you offer any insight into this?

    Reply

    • That’s fascinating. I had never heard that. I do know that, in general, names of children and parents in any reported court cases are generally listed only by initials to maintain the confidentiality of the court proceeding. I wonder if that’s what is going on here too in some way.

      Reply

  3. I am an adoptee ( 1969) from Baltimore county social services, my name was Barbara in the agency, and that is what my adoption paper work says, I have found my bio fathers side and he is deceased, my bio mother is in question. How can I obtain a copy of my orig birth records?

    Reply

  4. Well I’m lost after reading all of this, lol. My mother is 89 and we have recently found 2 of my half siblings. One we found by Ancestry DNA the other through heavy internet research. There are still 2 siblings missing that we are in search of. Both were born in Maryland, one is male born 1947-48, the other is female born 52-53. Where do we start? What do we have to do to get birth certificates?

    Reply

    • It will be hard to get a sealed original birth certificate, especially of a sibling, without obtaining a court order. Maryland does have a search and reunion service that may help, but those are often hit and miss. More information about that service is available here. Best of luck!

      Reply

  5. Thank you. Our mom is still living and of sound mind, she’s wanting the info too. I’ll check out the search and reunion service, thanks much.

    Reply

  6. It is a long, expensive and arduous process to obtain a copy of an Original Birth Certificate. I have been going through the process for years now. I began my search using a confidential intermediary. I have been in reunion with some birth family members and have both birth parents identifying info. Last year, after being denied a copy from the Dept. of H.S., I filed a motion to petition the court unseal my records. Even though the judge was aware that I already know and am in reunion with both my b-parents, my file remains sealed but I was allowed to “inspect” the non-identifying parts, which didn’t include my birth certificate. Your best route for making contact or finding your siblings may be through the confidential intermediary. There is a “sliding scale” fee for the services.

    I am in the process of searching for and building up some support to lobby members of the Maryland General Assembly for a “cleaner” that is inclusive of all adoptees no matter when their adoption was finalized. Please let me know if you are interested in supporting me.

    Reply

    • I’d be happy to support you, write letters or do what it takes to get the State of Maryland to “open” their records. I was fortunate to find my birth mother through Ancestry.DNA in about 3 weeks by contacting all of my matches. A cousin spoke to her and we were reunited after 58 years. Mostly for a remembrance at this point, I’d like to get a copy of my original birth certificate and am unable to obtain one even though I have her name, his name and my original birth name. My biological Father passed away but she is willing to sign any form necessary. I do not have any adoption paperwork. Please let me know what I can do to help! (Or if you find a way to obtain one) Thanks! Ray

      Reply

  7. Hi there,

    I was born in 1966 and was placed for adoption. I am trying to get access to have my records unsealed, for personal but especially health reasons. Through Ancestry.com I was notified by a relative of my possible birth mother who died young, as well as a sibling who died young. My own children are effected by unknown medical histories. I have no idea how to start, or what to file, and who to direct anything to, as I do not live in Maryland. Any help would be appreciated.

    Reply

    • If you have a copy of your adoption decree, there should be a case number and the court house at which the case was finalized should be listed on it. You can file a motion to petition the court to unseal your records at that court house. I would call ahead or go to the website to get specifics. I was born in Baltimore and my case was finalized in Baltimore City, so I filed my motion at the Baltimore City court house. There is a form and fee.

      Reply

      • Thank you for your help Susie. Was wondering if you could suggest what to do in place of an adoption decree to get access to which court house jurisdiction I should turn my attention to. I do not have an adoption decree. I know the agency I was adopted out of, but I do not believe they would have records from that long ago or are allowed to give them to me.

        Do you know by chance if I would also, if the time comes, have to travel to Maryland to file this, or would I be able to submit online or through fax or mail? Thanks!

        Reply

        • I would contact the agency to obtain your adoption decree. If they don’t give you the decree, then I would contact Maryland Dept. of Human Resources. http://www.dhr.state.md.us
          What you need is a case number for the adoption and you need to know at which court house the adoption was finalized. I don’t think you will be able to do any through mail or fax. It is much harder for those adopted before Jan 1, 2000. Only through an order from a judge can you have your file unsealed. It’s very restrictive.

          Reply

  8. My sister and I are interested in finding our family medical history. Our father (deceased) was adopted in Baltimore County in 1947 and his adoptive parents both passed in the early 90s. We believe we have his birth name through a court decree when his name was changed in 1950. Any insight where to start or if children of adoptees have any legs to stand on in this process?

    Reply

    • So, do you happen to know the exact date of adoption? Is it on the court decree that you currently have? Adoption records were not sealed in Maryland until June 1, 1947, though records could be sealed if the petitioners (the adoptive parents) requested that they be sealed.

      Reply

  9. We know the birth father of my deceased mother but we don’t have the original birth certificate, only the adoption one. Is it possible for daughters to get the original birth certificate for their mother when all parties on the certificate are deceased?

    Reply

  11. My mother-in-law was adopted in 1966. She has been taking the DNA tests out there and has only ever possibly matched with first counsins, who have a very interesting family story that isn’t very clear. I told her I would try to help her get her adoption record unsealed. I know the hospital she was born in and after reading the post I feel like there isn’t much hope of finding out who her birth parents are, even if they have passed away. What would be the best advice?

    Reply

    • Was she born and adopted in Maryland? My advice, if the goal is to find someone, is typically to pursue multiple avenues. So, doing DNA is key, but also obtaining non-identifying information and determining what could be done legally to get identifying information or an OBC in the state of the adoption or birth. With Maryland that legal option is tough for most adult adoptees. Maryland does have a mutual consent registry (there is a link above) but registries generally are woefullly ineffective. So I’d have her consider working with a legitimate search angel, who should not charge for helping locate birth family, particularly in working with DNA.

      Reply

  12. I am grateful to all the info found here but I’m stumped and/or stuck . Attempting to find a) birth father b) place of birth c) whether info on adoption records (I have) is correct or intentionally incorrect. Born 1960 in either MA or OH or WV, to unmarried mom who lied to common law husband about paternity. Mom died 1964 and maternal family sued to gain custody from CLH and won. Adopted by widowed maternal aunt with legal proceedings taking place in MD. My “revised” BC states I was born in OH, but this is adamantly contested by many, while actual adoption paperwork provides last name for me (minor child) no one has ever heard of.
    The judge overseeing the adoption actually joked that “Mr. _______ signed the papers PDQ….” but no one present can recall if what judge said matches the adoption paperwork I now have. Is there a clear-cut answer about adoptee BC which clarifies whether MD judge had the right to chance place of birth along with name? Also, would the name listed for minor child possibly be accurate? I am utilizing DNA to look for family in hopes of finding birth father, but knowing where I was actually born and whether that name on papers is correct would go a long way. Birth mom and CLH both lived in Mass at time of death, and I believe I was born in Mass, but nothing is certain anymore. In advance, any response is greatly appreciated.

    Reply

  14. The rules have to change. Let’s continue to write to the Governor at least 1x a month.
    The Dept of Health, Ms. Weaver may be able to speak on the details. In my case I provided
    my request w the $10 check, the death certificate of the lady who gave birth to me, her st address at the time of the birth, my ID, a copy of my amended certificate which featured the (same) number as the OBC, a compelling note. I did this about 10x over a long time until they gave it to me, and I still wonder why (but am quite grateful!) and think that the notes to the Gov may have helped a bit.

    Reply

  15. You can file a motion to petition the court to unseal your records at the same court (district) at which the adoption was finalized, for a fee. A judge will review the case to decide if the situation warrants “good cause” to open the records. However, the death of both birth parents may not necessarily guarantee access. I personally tried to obtain my records despite the fact that I have met and know the identity of both birth parents. I am currently meeting with state legislators to push for change in OBC laws and drafting new legislation to allow unrestricted access. If you are interested in supporting this fight let me know. I need as many Adoptees affected bythis MD law to contact their state legislators. I can be reached by email at [email protected]. Good luck. Susie

    Reply

  16. Please share if you find out. I was told I would need a case # (Where am I supposed to get that)? in order to file a request.
    Good luck and please share!

    Reply

    • Do you have your “Decree of Adoption”? The case number for the adoption proceeding is in the upper right hand corner. Yes. Even though we are adults now we are still referred to as the adopted child of our adoptive parent! CRAZY! Let me know if you need any more help.

      Reply

  17. Susie,
    Thanks but I do not have that. I was fortunate to find my birth mother using ancestery.com but she does not have any adoption paperwork and the agency claims that all they have is my baptism certificate which they sent to her. They directed us to try Baltimore city court. They requested the case number. Yes, it is absolutely CRAZY that I am 58 years old, my birth mother is 78 years old and neither one of us can get access to my original birth certificate. Who makes laws like this and who would want to deny people this information? Very sad. Anyway, thank you!!! Ray

    Reply

    • If you want the laws to change you need to contact your legislators. Do you live in Maryland? Write to Senator Bobby Zirkin. I am currently trying convince him to draft a bill for next session (2020). Tell him your situation and I that you want clean legislation for authorizing Adoptees unrestricted access to original birth certificates.

      Reply

  19. Great! If you know other MD adoptees please encourage them to do the same! I need legislators to see that I’m not just a crazy, angry adoptee acting selfishly. Haha! Also I have set up a Facebook group called Adult Adoptee Rights Maryland to bring a group together and keep everyone up to date and involved.

    Reply

    • i sent you a friend request on Facebook. i would love to help. I am 55 adopted in 1964 and have done registries for years no luck i just sent in a ancestry DNA test to at least find my heritage. I would love to see laws changed nd would be happy i do not write real well but any help i am here.

      April

      Reply

  20. Related to this: I was in foster care for three months before I was placed with my adoptive parents. I’m in reunion with both bioparents. That three month gap, though, covers some medical information (which may or may not have been accurate in 1978). That and I’m just genuinely curious about my foster placement. My adoptive parents received no information about me from the foster parents–it was “misplaced” when they came to pick me up from Catholic Charities.

    Is there any way for me to gain access to anything related to my foster placement?

    Reply

  21. Looking for fathers adoption certificate he was adopted in Maryland 1936, looking for biological grandfather. Would I be able to do this

    Reply

  22. Susie, You are wonderful. I am stunned by the obstacles/road blocks and antiquated process that the state of Maryland still has in effect. It is shameful. I am trying to help a childhood friend (adopted 1955 Baltimore) find family through DNA. Catholic Charities – MD has not been helpful. Catholic Charities in Denver provided my nephew with the intake papers handwritten by his mother, for heavens sake. Mind boggling that there is no national uniform policy. I am not an adoptee but I would be happy to fight for you and write letters. Will go to your Facebook page. Karen

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *