Rule 9-101.Applicability; definitions
Last amended January 1, 2022 · Current through June 1, 2026 · Last verified September 8, 2026
Full Text of Rule 9-101
Amendment History
Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 4, 2007, eff. July 1, 2007; Dec. 4, 2018, eff. Jan. 1, 2019; Nov. 9, 2021, eff. Jan. 1, 2022.]
Plain-English Summary
Maryland does not have one adoption procedure. It has several, and which one you are in decides almost everything that follows — who must consent, how long they have to change their mind, who gets a lawyer, and what has to be filed. This rule is where the chapter names them.
The chapter applies to adoptions without prior termination of parental rights, adoptions after termination, private agency guardianship and adoption, and independent adoption. It does not apply to public agency guardianship, which lives in a different Title, or to a child conceived without consent, which is handled under Chapter 400 of this Title. A committee note adds one more exclusion: the guardianship of the person and property of minors and disabled persons under the Estates and Trusts Article is not an adoption proceeding at all.
Six definitions follow, and they are worth learning because the rest of the chapter uses them as shorthand. An independent adoption is a private placement without an agency. A private agency adoption and a private agency guardianship run through a licensed agency. A public agency adoption after TPR follows a termination of parental rights; a public agency adoption without prior TPR does not. TPR itself means termination of parental rights. Every other term keeps the meaning the Family Law Article gives it.
Frequently Asked Questions
Which adoptions does Chapter 100 cover?
Adoption without prior termination of parental rights, adoption after termination, private agency guardianship, private agency adoption, and independent adoption. Public agency guardianship and proceedings involving a child conceived without consent are handled elsewhere.
What does TPR mean in these rules?
Termination of parental rights. The chapter uses it constantly, because whether parental rights were terminated before the adoption petition was filed changes which statute and which timetable apply.
Does this chapter cover guardianship of a disabled adult?
No. The committee note is explicit that guardianship of the person and property of minors and disabled persons under the Estates and Trusts Article falls outside these rules.
What is the difference between an independent adoption and a private agency adoption?
An independent adoption proceeds under Subtitle 3B, without a licensed child placement agency arranging the placement. A private agency adoption proceeds under Subtitle 3A, through an agency that has usually first obtained guardianship.