Skip to main content
Find a Lawyer

Maryland Code, Family Law § 5-410.1

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.

(b) An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:

(1) the child should not be returned to its biological parents;

(2) the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and

(3) except where it would be against the best interests of the child, previous adoption attempts have been made without assistance and were unsuccessful.

(c) Application for nonrecurring adoption expenses shall be filed with the Department:

(1) prior to the order; and

(2) on a form provided by the Department.

(d)(1) Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.

(2) Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the adoption order.

(3) The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the adoption order if the order:

(i) was entered between January 1, 1987 and July 1, 1990; or

(ii) was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.

(4) Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under paragraph (3) of this subsection shall:

(i) enter into a written agreement with the Department; and

(ii) file all claims no later than December 14, 1990.

(e) Reimbursement for nonrecurring adoption expenses is limited to a maximum of $2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:

(1) adoption fees;

(2) court costs and reasonable attorney's fees;

(3) health examinations;

(4) transportation costs; and

(5) food and lodging costs incurred during preplacement visits.

(f) Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years after the order.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maryland Code, Family Law § 5-410.1 - last updated January 01, 2025 | https://codes.findlaw.com/md/family-law/md-code-family-sect-5-410-1/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard