Maryland § 5-3A-42

Full text of Maryland Maryland Code § 5-3A-42, with citation guidance and answers to common questions.

§ 5-3A-42.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Director” means the State Director of Social Services.

        (3)    “Secretary” means the Secretary of Health.

    (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, 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 the 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 this title.

Frequently Asked Questions About Maryland § 5-3A-42

What does Maryland Code § 5-3A-42 cover?

Section 5-3A-42 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 5-3A-42?

A common citation format is "Maryland Code § 5-3A-42" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 5-3A-42 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.