Rule 9-106.Appointment of attorney — Attorney affidavit — Investigation
Last amended November 20, 2023 · Current through June 1, 2026 · Last verified September 8, 2026
Full Text of Rule 9-106
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; Nov. 9, 2021, eff. Jan. 1, 2022; Nov. 17, 2023, eff. Nov. 20, 2023.]
Plain-English Summary
Three subjects, joined because each is about the court satisfying itself that a consent was real and the placement is sound.
Appointment first. The court appoints an attorney whenever the applicable section of the Family Law Article requires it, and the rule lists the section for each of the five proceedings. Separately, a prospective adoptee who is not entitled to appointed counsel is still entitled to consult a lawyer of their own choosing — and the adoptive parents or the agency may agree to pay those fees, or the court may order them to.
Second, the affidavit. When a parent signs a consent and the statute requires it, the attorney files an affidavit in the form printed at the end of the Title. The same applies to a consent signed by a prospective adoptee who is represented and is either a minor or has a disability that makes effective participation impossible. The affidavit is the court's assurance that someone independent explained what the consent meant.
Third, investigation. The court may order one in a private agency guardianship or an independent adoption, and must order one in a nonconsensual independent adoption. If the court asks, the report may include the investigator's recommendation. Any report is submitted in writing and filed among the records of the proceeding.
Frequently Asked Questions
Who pays for a lawyer the adoptee chooses?
The adoptive parents or the agency may agree to pay all or part of the fees, and the court may order them to do so — even where the person is not entitled to a court-appointed attorney.
When must the court order an investigation?
In a nonconsensual independent adoption the court must order one. In a private agency guardianship or an ordinary independent adoption it may order one.
What is the attorney affidavit for?
It accompanies a consent signed by a parent, or by a represented prospective adoptee who is a minor or has a disability, and confirms the consent's validity. The forms are printed at the end of Title 9.
Does the investigator recommend an outcome?
Only if the court asks. The rule allows the report to include the investigator's recommendation if the court requests it, and requires every report to be in writing and filed in the case.