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§ 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
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 all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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