# Md. Rule 9-109: Rule 9-109. Hearing on Merits > Maryland · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_109 ## Section - **Citation:** Md. Rule 9-109 - **Heading:** Rule 9-109. Hearing on Merits - **Jurisdiction:** Maryland - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Maryland Rules / Title 9 Family Law Actions / Chapter 100 Adoption › Private Agency Guardianship / Md. Rule 9-109 ## Text (a) Requirement. (1) Generally. The court shall hold a hearing and make findings on the record on the merits of a guardianship petition as provided by Code, Family Law Article: (A) § 5-335 in a Public Agency Adoption without Prior TPR; (B) § 5-347 in a Public Agency Adoption after TPR; (C) § 5-3A-32 in a Private Agency Adoption; or (D) § 5-3B-17 in an Independent Adoption. (2) Guardianship. The court may hold a hearing on the merits of a consensual Private Agency Guardianship petition. (b) Adoption. (1) Persons Present at Hearing. Unless excused for good cause shown, each petitioner and the person to be adopted shall be present at the hearing on the merits in an adoption action. The hearing shall be conducted out of the presence of all persons other than the petitioners, the person to be adopted, those persons whose presence is consented to by all petitioners, and those persons whose presence the court deems necessary or desirable. Notice of a hearing sent to an individual who consented to the adoption pursuant to Rule 9-102 does not entitle that individual to attend the hearing. Committee note: Social policy against public disclosure of adoption proceedings compels all hearings to be as private as possible. This Rule leaves to the discretion of the trial court the extent to which this consideration must be relaxed in the interest of fair trial. (2) Considerations . In ruling on a petition for adoption, the court shall make the considerations required by Code, Family Law Article: (A) § 5-337 in a Public Agency Adoption without Prior TPR; (B) § 5-349 in a Public Agency Adoption after TPR; (C) § 5-3A-34 in a Private Agency Adoption; or (D) § 5-3B-19 in an Independent Adoption. his consideration must be relaxed in the interest of fair trial. (2) Considerations . In ruling on a petition for adoption, the court shall make the considerations required by Code, Family Law Article: (A) § 5-337 in a Public Agency Adoption without Prior TPR; (B) § 5-349 in a Public Agency Adoption after TPR; (C) § 5-3A-34 in a Private Agency Adoption; or (D) § 5-3B-19 in an Independent Adoption. (3) Findings by the Court . In an adoption action, the court shall determine on the record whether: (A) Necessary consents have been filed; (B) Any required consents have been revoked; Cross reference: Rules 9-111 (b) and 9-112 (a). (C) Appropriate notices have been served; (D) Any investigative reports have been filed; (E) All questioned or disputed issues have been resolved; (F) In a nonconsensual independent adoption, whether the findings required by Code, Family Law Article, § 5-3B-21 have been met; (G) The adoptive parents are fit and proper to be the parents of the person to be adopted; (H) The best interests of the person to be adopted will be served by the adoption; and (I) Other appropriate matters have been resolved. Cross reference: See Code, Family Law Article, §§ 5-337 as to a Public Agency Adoption without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-34 as to a Private Agency Adoption; and 5-3B-19, 5-3B-22, and 5-3B-23 as to an Independent Adoption. ## Nearby sections - [Md. Rule 9-101 Rule 9-101. Applicability; Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_101.md) - [Md. Rule 9-102 Rule 9-102. Consents; Revocation of Consent](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_102.md) - [Md. Rule 9-103 Rule 9-103. Petition](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_103.md) - [Md. Rule 9-104 Rule 9-104. Notice of Filing of Petition; Status Conference](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_104.md) - [Md. Rule 9-105 Rule 9-105. Show Cause Order; Disability of an Individual; Other Notice](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_105.md) - [Md. Rule 9-106 Rule 9-106. Appointment of Attorney—Attorney Affidavit—Investigation](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_106.md) - [Md. Rule 9-107 Rule 9-107. Objection](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_107.md) - [Md. Rule 9-108 Rule 9-108. Temporary Custody](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_108.md) - [Md. Rule 9-109 Rule 9-109. Hearing on Merits](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_109.md) - [Md. Rule 9-110 Rule 9-110. Accounting Report](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_110.md) - [Md. Rule 9-111 Rule 9-111. Judgment of Adoption or Guardianship](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_111.md) - [Md. Rule 9-112 Rule 9-112. Court Records](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_112.md) - [Md. Rule 9-113 Rule 9-113. Medical and Mental Health History](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_113.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MD_T9_R9_109. Check the current official text before relying on it. Not legal advice.