This week, the Maryland Court of Appeals ruled that de facto parenthood requires both parents’ consent. In other words, an adult involved in a child’s upbringing cannot be considered a de facto parent with a claim for visitation or custody unless both legal parents provide consent and fostered a parent-like relationship with that adult and child.

The term “de facto parent” means “parent in fact” and is used to describe a party, other than a child’s legal parent, i.e., biological or adoptive parent, who claims custody or visitation rights based upon the party’s relationship with a non-biological, non-adopted child. Conover v. Conover, 450 Md. 51, 62 (2016). In Conover, the court outlined the criteria to consider one a de facto parent if they can show that:

1. The legal parent consented to and fostered the relationship between you and the child;

2. You have lived with the child;

3. You perform parental functions for the child to a significant degree, and

4. A parent-child bond has been forged over enough time.

Years later, in E.N. v. T.R., 471 Md. 519 (2020), the Court of Appeals had to decide whether a de facto parent relationship can be created through the fostering and consent of only one legal parent to the formation of such a relationship, without the consent of the second legal parent. The court noted that to declare the existence of de facto parenthood based on consent of only one legal parent and ignore whether second legal parent undermines that parent’s constitutional right to care, custody, and control of parent’s children.

This week’s Court of Appeal’s decision in E.N. v. T.R. raises the burden of meeting the consent element of de facto parenthood. Essentially, to be considered a de facto parent, that individual must have both of the legal parents’ consent and fostering of a parent-like relationship with that adult and child.

If you have any questions about de facto parenthood, please call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.

In Maryland, an interested person can file a petition with the circuit court to be appointed a guardian for an alleged disabled person. A guardianship petition is filed with the circuit court where the alleged disabled person resides. The petition must provide to the court 1) a description of the disability; 2) how said disability affects that person’s ability to function; and 3) why the interested person should be appointed as their guardian. It is imperative that the petition is very detailed and contains specific facts so that the burden of proof is met. If the petitioner is also seeking to be appointed as the guardian of property, then they also must contain a description of the alleged disabled person’s assets and current values of those assets. The petition must also include two (2) certificates of incapacity from health care professionals who have examined the alleged disabled person and can certify that the alleged disabled person is, in fact, disabled and needs a guardian.

Once the petition is filed, the court will issue a Show Cause Order requiring the alleged disabled person and all interested persons to respond to the petition. The court will also appoint an attorney for the alleged disabled person to represent their interests if they do not already have an attorney of their own choosing. The court will then have a hearing to hear the case, hear from witnesses, and examine the evidence presented. After reviewing all the testimony and evidence, the court will then decide on whether a guardian of person and/or property should be appointed.

Adult guardianship cases are complex and can be overwhelming for many people. If you or your loved one have questions about the process, please call us at (443) 741-2567 and we would be happy to assist you.

Surrogacy is a special event in people’s lives and important legal considerations must be taken into account. A gestational surrogacy agreement is a legal document that specifically sets out all the expectations and responsibilities between the surrogate and intended parent(s). The agreement is voluntary and consensual with everyone working together towards the goal. A gestational surrogacy agreement will cover the following issues:

• Expenses. The agreement should specifically detail all of the expenses that the intended parents are responsible for. The surrogate should not be responsible for any fees or expenses as they are the intended parents’ responsibility. The agreement should also specifically state how the surrogate will receive any fees/expenses.

• The Birth of the Child. The agreement should cover whether the intended parents will attend the child’s birth, naming the child, dealing with the birth certificate, and legal and physical custody of the child.

• The Pregnancy. The agreement should cover attending medical appointments, what happens in the event it becomes a high-pregnancy, termination, selective reduction, etc.

• Medical History and Personal Information. The agreement should cover providing personal medical history, undergoing necessary medical screenings, etc.

• Other Stipulations. Each agreement is unique and other considerations should be included in the agreement as appropriate.

Drafting a gestational surrogacy agreement is in everyone’s interest. An experienced attorney can assist you in making sure that all the terms are clear so that everyone can move forward with confidence and peace of mind. Call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.