Xv. [§ 10.36] Adoption

• Jurisdiction: Maryland

XV. [§ 10.36] ADOPTION

Jane Smith is the mother of a minor child, Junior Harris. After she and John Smith were married, her new husband wanted to adopt Junior Harris, with the consent of Jane Smith and George Harris, the father of Junior Harris.

PETITION FOR ADOPTION

John Smith, Petitioner, by his attorneys, Julia P. Nowak and Nowak & Nowak, P.A., files this Petition under oath and for reasons says:
1. Petitioner resides at 14140 Baltimore Street, Baltimore City, Maryland and is twenty-nine (29) years of age. Petitioner is employed by Smith Construction Company as a carpenter. Petitioner has never been convicted of a crime other than a minor traffic violation.
2. Petitioner is married to and resides with Jane Smith, who was born on October 20, 1998, in Baltimore City, Maryland. Jane Smith is employed as a bookkeeper with Smith Construction Company.
3. Jane Smith is the mother of Junior Harris, who was born January 1, 2018, in Baltimore City, Maryland. Junior Harris has been in the custody and control of his mother since birth. Junior Harris has resided with his mother and Petitioner, who is his stepfather, since John and Jane Smith were married.
4. Petitioner has no natural children.
5. Junior Harris is the only child of Jane Smith.
6. The natural father of Junior Harris, George Harris, is twenty-five (25) years old, and resides at 2700 Lombard Street, Baltimore City, Maryland. George Harris has executed a consent to the Petitioner's adoption of Junior Harris, a copy of which is attached hereto and incorporated herein. Petitioner is not aware that the consent of George Harris has been revoked.
7. Jane Smith has executed a consent to Petitioner's adoption of Junior Harris, a copy of which is attached hereto and incorporated herein.
WHEREFORE, Petitioner demands judgment that:
A. This honorable Court pass an Order granting the adoption of Junior Harris by Petitioner;
B. That this honorable Court order and decree that the name of Junior Harris be changed to Junior Smith;
C. That Petitioner be awarded such other and further relief as the nature of this cause requires.
I HEREBY CERTIFY under the penalties of perjury that the contents of the foregoing Petition for Adoption are true and correct to the best of my knowledge, information and belief.

__________
John Smith
Petitioner

__________
Julia P. Nowak
AIS No. 0123456789
Nowak & Nowak, P.A.
Exelon Building
1310 Point Street
Baltimore, Maryland 21231
Phone: (410) 555-1234
Fax: (410) 555-1235
Email: JNowak@NowakLaw.com

Attorneys for Petitioner

CERTIFICATION

State of Maryland Baltimore County

to wit:

I DO SOLEMNLY SWEAR AND AFFIRM under the penalties that the contents of the foregoing document are true and correct.

__________
John Smith

COMMENT

Adoption and termination of parental rights are governed by Md. Rules 9-101 through 9-113, and Fam. Law §§ 5-301 through 5-310 (adoption and termination of parental rights through the local department), §§ 5-331 through 5-353 (same), §§ 5-3A-01 through 5-3A-10 (private agency adoption), §§ 5-3A-29 through 5-3A-37 (same), and §§ 5-3B-01 through 5-3B-26 (independent adoption). For a case involving adoption and foster care proceedings that sets out a fairly detailed review of the pertinent statutory provisions and the cases interpreting them, see In re Adoption/Guardianship of Victor A., 157 Md. App. 412, 852 A.2d 976 (2004), aff'g judgment as modified, 386 Md. 288, 872 A.2d 662 (2005). A petition for adoption must be signed and verified by each petitioner, and must contain the following information:

(A) The name, address, age, business or employment, and employer of each petitioner;
(B) The name, sex, and date and place of birth of the person to be adopted;
(C) The name, address, and age of each parent of the person to be adopted;
(D) Any relationship of the person to be adopted to each petitioner;
(E) The name, address, and age of each child of each petitioner;
(F) A statement of how the person to be adopted was located (including names and addresses of all intermediaries or surrogates), attaching a copy of all advertisements used to locate the person, and a copy of any surrogacy contract;
(G) If the person to be adopted is a minor, the names and addresses of all persons who have had legal or physical care, custody, or control of the minor since the minor's birth and the period of time during which each of those persons has had care, custody, or control, but it is not necessary to identify the names and addresses of foster parents, other than a petitioner, who have taken care of the minor only while

...