RULE 9-103. PETITION
West's Annotated Code of MarylandMaryland RulesEffective: November 20, 2023
Effective: November 20, 2023
MD Rules, Rule 9-103
RULE 9-103. PETITION
Committee note: If the text of an advertisement was used verbatim more than once, the requirement that a copy of all advertisements be attached to the petition may be satisfied by attaching a single copy of the advertisement, together with a list of the publications in which the advertisement appeared and the dates on which it appeared.
(G) If the person to be adopted is a minor, the names and addresses of all persons who have had legal or physical care, custody, or control of the minor since the minor's birth and the period of time during which each of those persons has had care, custody, or control, but it is not necessary to identify the names and addresses of foster parents, other than a petitioner, who have taken care of the minor only while the minor has been committed to the custody of a child placement agency;
Cross reference: See Code, Family Law Article, §§ 5-331, 5-338, and 5-339 as to a Public Agency Adoption without Prior TPR; 5-345, 5-350, and 5-351 as to a Public Agency Adoption after TPR; 5-3A-13, 5-3A-18, and 5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B-20 and 5-3B-21 as to an Independent Adoption.
(ix) If applicable, proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; a certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws; and any appropriate translation of documents required to allow the child to enter the United States;
Cross reference: See Code, Family Law Article, §§ 5-305, 5-331, and 5-338 as to a Public Agency Adoption without Prior TPR; 5-305 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-05, 5-3A-13, and 5-3A-18 as to a Private Agency Guardianship; 5-3A-05 as to a Private Agency Adoption; and 5-3B-04 and 5-3B-20 as to an Independent Adoption.
Cross reference: See Code, Family Law Article, §§ 5-331 and 5-334 as to a Public Agency Adoption without Prior TPR and 5-3B-15 as to an Independent Adoption.
Cross reference: See Code, Family Law Article, §§ 5-308 and 5-331 as to a Public Agency Adoption without Prior TPR; 5-308 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-08 as to a Private Agency Adoption; and 5-3B-07 as to an Independent Adoption.
Cross reference: Code, Family Law Article, § 5-601.
(i) A certified copy of the petitioner's and prospective adoptee's mother's marriage certificate or evidence of the parties' shared express intent to become parents of the child by means of assisted reproduction, including a copy of any written agreement consenting to the conception of the prospective adoptee by means of assisted reproduction;
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-31 and 5-3A-34 as to a Private Agency Adoption; and 5-3B-16 as to an Independent Adoption.
Cross reference: Code, Family Law Article, § 5-3B-24 as to an Independent Adoption.
Cross reference: See Code, Family Law Article, §§ 5-307 and 5-338 as to a Public Agency Adoption without Prior TPR; 5-307 and 5-350 as to a Public Agency Adoption after TPR; 5-3A-07 and 5-3A-35 as to a Private Agency Adoption; and 5-3B-06 and 5-3B-20 as to an Independent Adoption.
(c) Petition for Guardianship. A petition for guardianship shall state all facts required by subsection (b)(1) of this Rule, to the extent that the requirements are applicable and known to the petitioner. It shall be accompanied by all documents required to be filed as exhibits by subsection (b)(2) of this Rule, to the extent the documents are applicable. The petition shall also state the license number of the child placement agency.
Cross reference: See, Code, Family Law Article, § 5-3A-13 as to a Private Agency Guardianship.
(d) If Facts Unknown or Documents Unavailable. If a fact required by subsection (b)(1) or section (c) of this Rule is unknown to a petitioner or if a document required by subsection (b)(2) or section (c) is unavailable, the petitioner shall so state and give the reason in the petition or in a subsequent affidavit. If a document required to be submitted with the petition becomes available after the petition is filed, the petitioner shall ensure that the document is filed as soon as it becomes available.
(1) Filing by Agency. If any fact required by subsection (b)(1) of this Rule to be stated is known to a child placement agency, and the agency declines to disclose it to a petitioner, the agency shall disclose the fact to the court in writing under seal at the time the petition is filed. If any document required to be submitted with the petition under subsection (b)(2) of this Rule is available to the child placement agency, and the agency declines to provide the document to the petitioner, the agency shall provide the document to the court under seal.
Committee note: Parties may agree at the outset of a proceeding that certain information and documents will be filed under seal. See Rule 20-201 (d).
Source: This Rule is derived in part from former Rule D72, in part from former Rule D80, and is in part new.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended March 5, 2001, eff. July 1, 2001; June 4, 2007, eff. July 1, 2007; June 20, 2017, eff. Aug. 1, 2017; Nov. 9, 2021, eff. Jan. 1, 2022; Feb. 9, 2022, eff. April 1, 2022; Nov. 17, 2023, eff. Nov. 20, 2023.]
MD Rules, Rule 9-103, MD R FAM LAW ACT Rule 9-103
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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