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§ 5-345. Petition

West's Annotated Code of MarylandFamily Law

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 IV. Adoption After Termination of Parental Rights (Refs & Annos)
MD Code, Family Law, § 5-345
§ 5-345. Petition
(a) If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.
(b)(1) Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.
(2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii) is not competent to join in the petition.
(c)(1) A petitioner under this section shall attach to a petition:
(i) 1. all written consents required under § 5-350 of this subtitle; or
2. if applicable:
A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;
(ii) a copy of an agreement, if any, for postadoption contact; and
(iii) a notice of filing that:
1. states the date on which the petition was filed;
2. identifies each governmental unit or person whose consent was filed with the petition;
3. if applicable, states that a postadoption agreement was filed with the petition; and
4. includes no identifying information that would be in violation of an agreement or consent.
(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.
Amended petition
(d) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.


Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006.
MD Code, Family Law, § 5-345, MD FAMILY § 5-345
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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