Md. Code Regs. 07.05.03.18

Current through Register Vol. 51, No. 21, October 18, 2024

Section 07.05.03.18 - International Adoption

A. If approved by the Administration, the agency may provide services related to an international adoption.

B. To facilitate placement of a child from a foreign country, the agency shall cooperate with the international agency, whether based in the United States or in the child's country of origin.

C. Services to legally free the child for adoption may be conducted in the child's country of origin, in accordance with the country's laws, policies, and regulations.

D. Agency services provided to individuals requesting assistance with an international adoption shall include the following:

(1) Consultation with the adoptive parent, either individually or in a group, to:

(a) Discuss compliance with United States Immigration and Naturalization Service requirements;

(b) Inform about the current international adoption situation;

(c) Provide all available information regarding the child's:

(i) Physical attributes,

(ii) Health,

(iii) Current living conditions,

(iv) Emotional health,

(v) Birth date,

(vi) Sex,

(vii) Birth parents, and

(viii) Current caretakers;

(2) Photographs, videotapes, or other media representations of the child;

(3) Information about physical and emotional traumas experienced by the child;

(4) Reasons the child is available for adoption; and

(5) A home study that shall include:

(a) The requirements of Regulation .11 of this chapter;

(b) Exploration of the adoptive parent's feelings about:

(i) Motivation for international adoption, and

(ii) Plans for dealing with the child's transition to a new culture;

(c) Exploration of the appropriate cultural support systems existing within the State; and

(d) Exploration and documentation of the adoptive parent's attitude regarding the foreign country's legal and social expectations and planned efforts to preserve and protect the child and the child's heritage regarding:

(i) Religion or life philosophy,

(ii) Lifestyle,

(iii) Sexual orientation,

(iv) Post-placement visitation, and

(v) Other considerations unique to the foreign country;

(6) Written instructions specific to the foreign country involved; and

(7) While an adoptive parent is in a foreign country to adopt a child, the support, information, and consultation requested by the adoptive parent through phone or other communication.

E. Provisional Child Placement. To introduce a child living in a foreign country to a potential adoptive parent, the agency may provide a provisional placement service in Maryland for a child in a foreign country:

(1) Who is 6 years old or older;

(2) Whose country of origin has freed the child for adoption;

(3) Whose visa allows the child to stay in the United States for at least 30 days;

(4) Who is placed provisionally no longer than 120 days; and

(5) Who is placed with an individual who:

(a) Initially contacted the agency;

(b) Successfully completed:

(i) An application interview with the agency child placement worker in the applicant's home,

(ii) A State and federal criminal background check for all adults living in the home,

(iii) A local department protective services clearance for all adults living in the home, and

(iv) Medical examinations for all adults living in the home;

(c) If indicated, provided copies of any required licenses or permits for pets or firearms kept in the home; and

(d) Was approved for provisional placement by the agency's chief administrator.

F. Final Adoption in Country of Origin. If finalization of the adoption occurs in the child's country of origin before the child's arrival in the United States, the agency shall:

(1) Document its offer to the adoptive parent of three post-placement follow-up visits to the adoptive parent's home in a 6-month period;

(2) Encourage the adoptive parent to readopt the child in Maryland;

(3) Make a reasonable effort to assure that the adoptive parent meets the expectations of the foreign country in which the child was adopted;

(4) Honor all reasonable requests for reports or other documentation by the child service agencies of the foreign country in which the adoption took place; and

(5) Encourage adoptive parents to follow the foreign country's requirements for post-placement visits.

Md. Code Regs. 07.05.03.18