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§ 13.5-102. Foreign country treated as state for purpose of applying Subtitles 1, 2, 3, and 5

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2010

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13.5. Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Effective: October 1, 2010
MD Code, Estates and Trusts, § 13.5-102
§ 13.5-102. Foreign country treated as state for purpose of applying Subtitles 1, 2, 3, and 5
Currentness
Court treatment of foreign country as state
(a) Subject to subsection (b) of this section, a court of this State may treat a foreign country as if the country were a state for the purpose of applying Subtitles 1, 2, 3, and 5 of this title.
Substantive and procedural due process of foreign country not comparable to State
(b) Unless a court of this State finds by a preponderance of the evidence that a foreign country applies and follows substantive and procedural due process consistent with the practices and policies of the State of Maryland, the court:
(1) May not request a court in the foreign country to issue an order or hold a hearing;
(2) May not decline to exercise jurisdiction if, by declining jurisdiction in this State, a court in the foreign country may obtain jurisdiction;
(3) May not dismiss or stay a proceeding in this State requested or ordered by a court in the foreign country;
(4) May not determine that a court in the foreign country is an appropriate forum;
(5) May decline to comply with notice requirements of the foreign country or this title;
(6) May proceed with the case if this State is otherwise an appropriate forum;
(7) May not issue an order or provisional order to transfer a guardianship or conservatorship to the foreign country; and
(8) May not recognize under any provision of law a guardianship or conservatorship order from the foreign country.

Credits

Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.
MD Code, Estates and Trusts, § 13.5-102, MD EST & TRST § 13.5-102
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.
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