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.