Md. Fam. Law. Actions. 9-112

As amended through October 15, 2024

Rule 9-112 - Court Records

(a) Party. For purposes of this Rule, “party” includes (1) a petitioner, (2) the prospective adoptee, (3) in a Private Agency Guardianship or Private Agency Adoption, the agency, and (4) in a Public Agency Adoption after TPR or Public Agency Adoption without Prior TPR, the local department to which the prospective adoptee is committed.

(b) Dockets and Indices. The clerk shall keep separate dockets for (1) adoption and guardianship proceedings and (2) revocations of consent to adoption or guardianship for which there are no pending adoption or guardianship proceedings in that county. These dockets are not open to inspection by any person, except upon order of court, but docket entries in a proceeding shall be open to inspection by the parties to the proceeding. If the court maintains a non-electronic index to a docket that is kept apart from the docket itself, the index shall be open to public inspection.

(C)Shielding and Sealing of Records.

(1)Shielding of Records All pleadings and other papers in adoption and guardianship proceedings shall be shielded from public inspection when they are filed. Unless otherwise ordered by the court, and subject to Rule 9-103 (e) and subsection (c)(2) of this Rule, pleadings and other papers shall be open to inspection by parties to a proceeding. If a person files a notice of objection pursuant to Rule 9-107, the person's access to pleadings and papers filed in the proceeding is governed by the court's order entered pursuant to Rule 9-107 (f).

Cross reference: See Rule 16-914 (a), requiring denial of public inspection of case records in actions for adoption, guardianship, or revocation of consent to adoption or guardianship filed under this Chapter. See Rule 20-109 concerning remote access.

(2)Sealing of Records

(A)Guardianship Records The case file for a guardianship proceeding shall be sealed and not open to inspection by any person, including the parties, upon the later of (i) 30 days after termination of the proceeding pursuant to Code, Family Law Article, § 5-3A-25 or, (ii) if an appeal is taken, dismissal of the appeal or exhaustion of appellate review.

(B)Adoption Records Except as otherwise provided in subsections (c)(3) and (c)(4) of this Rule, the case file for an adoption proceeding shall be sealed and not open to inspection by any person, including the parties, upon the later of (i) 30 days after entry of a judgment of adoption or, (ii) if an appeal is taken, dismissal of the appeal or exhaustion of appellate review. When an adoption becomes final, the clerk shall send notice of that event to each person entitled to notice.

(3)Adoption Records Prior to June 1, 1947 If a final decree of adoption was entered before June 1, 1947 and the record is not already sealed, the record may be sealed only on motion of a party.

(4)Inspection of Sealed Records Sealed records of guardianship and adoption proceedings shall remain sealed and not be open to inspection except upon order of court.

Cross reference: See Code, Family Law Article, Title 5, Subtitle 3, Part V; Subtitle 3A, Part IV; and Subtitle 3B, Part III concerning access to records relating to an adoptee.

Md. Fam. Law. Actions. 9-112

This Rule is derived from former Rule D80 a and c and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended June 4, 2007, eff. 7/1/2007; 6/20/2017, eff. 8/1/2017; amended Nov. 9, 2021, eff. 1/1/2022; amended Nov. 17, 2023, eff. 11/20/2023.

Committee note: Unless the prospective adoptee's parent is also a petitioner, the parent is not a party to a proceeding under this Chapter except as provided by Code, Family Law Article, § 5-301 in a Public Agency Adoption without Prior TPR.

HISTORICAL NOTES

2007 Orders

The June 4, 2007, order, in section (b), added "The clerk shall notify each person entitled to notice that the adoption has been finalized..

Derivation:

Maryland Rule of Procedure D80, adopted as Rule D81, renumbered as Rule D80, May 31, 1983, eff. July 1, 1983, amended May 31, 1983, eff. July 1, 1983, related to records, rescinded June 5, 1996, eff. Jan. 1, 1997.

2017 Orders

The June 20, 2017 order, amended the Rule to conform to the renaming of the "Department of Health and Mental Hygiene to the "Maryland Department of Health.

See Code, Health--General Article, § 4-211, concerning the amendment and replacement of birth certificates following adoption and the requirement that the clerk transmit to the Maryland Department of Health a report of adoption or revocation of adoption.