1. A. The agency may not deny an individual's application to be an adoptive parent because:

   1. (1) An individual:

      1. (a) Is divorced;
      2. (b) Is separated from a spouse;
      3. (c) Is not married;
      4. (d) Has other children in the family;
      5. (e) Does not own a home; or
      6. (f) Is unable to pay a reasonable fee for adoption services; or
   2. (2) Of the applicant's or adoptive child's race, color, culture, national origin, sexual orientation, or ethnic heritage.

2. B. The agency shall deny an application if the agency determines that an individual's:

   1. (1) Child support account is in substantial arrearage which may affect the applicant's ability to provide for an adopted child;
   2. (2) Economic situation is insufficient to provide adequately for a child;
   3. (3) Physical or mental health precludes the ability to parent a child;
   4. (4) Age is younger than 18 years;
   5. (5) Criminal background or record of child abuse or neglect precludes the possibility of being an adoptive parent;
   6. (6) Adoption application or home study is active with another child placement agency;
   7. (7) Previous home study by a child placement agency reveals the individual was denied for valid reasons;

   8. (8) Status is that of:

      1. (a) Member of the agency's governing board; or
      2. (b) Adoption service employee of the agency;
   9. (9) Living space is inadequate for an additional family member; or
   10. (10) Application information is known by the applicant to be false.

Authority: Family Law Article, §§5-101, 5-301—5-414, 5-3A-01 et seq., 5-4A-01 et seq.,5-4B-01 et seq., 5-524, and 5-525, Annotated Code of Maryland. Agency Note ; Federal Regulatory Reference: 42 U.S.C. §670 et seq.; 45 CFR 1355

Effective date: January 12, 2001 (27:26 Md. R. 2357)