Home Table of Contents

§ 5-339. Consent

West's Annotated Code of MarylandFamily LawEffective: April 9, 2013

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3. Guardianship to and Adoption Through Local Department (Refs & Annos)
Part III. Adoption Without Prior Termination of Parental Rights (Refs & Annos)
Effective: April 9, 2013
MD Code, Family Law, § 5-339
§ 5-339. Consent
Currentness
Contents and attachments
(a)(1) Consent of a parent to an adoption under this Part III of this subtitle may include:
(i) a provision barring a petitioner from learning identifying information about the parent; and
(ii) a waiver of the right to notice of further proceedings under this Part III of this subtitle.
(2) Consent to adoption entered into before a judge on the record shall include a waiver of the revocation period.
(3) Consent of a party to an adoption under this Part III of this subtitle is not valid unless:
(i) the consent is given in a language that the party understands;
(ii) if given in a language other than English, the consent:
1. is given before a judge on the record; or
2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(iii) the consent names the child;
(iv) the consent contains enough information to identify the prospective adoptive parent;
(v) the party has received written notice or on-the-record notice of:
1. the revocation provisions in subsections (a)(2) and (b)(1) of this section;
2. the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and
3. the right to file a disclosure veto under § 5-359 of this subtitle; and
(vi) the consent is accompanied by an affidavit of counsel appointed under § 5-307(a) of this subtitle, stating that a parent who is a minor or has a disability consents knowingly and voluntarily.
Revocation by parent
(b)(1) Subject to paragraph (2) of this subsection, a parent may revoke consent to adoption under this Part III of this subtitle at any time within the later of:
(i) 30 days after the parent signs the consent; or
(ii) 30 days after the adoption petition is filed.
(2) Consent to adoption under subsection (a)(2) of this section is irrevocable.
Revocation by local department
(c) A local department may revoke consent to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.
Revocation or objection by child
(d) A child may revoke consent or object to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2013, c. 43, § 1, eff. April 9, 2013.
MD Code, Family Law, § 5-339, MD FAMILY § 5-339
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document