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§ 5-3A-18. Authority to grant guardianship

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3a. Private Agency Guardianship and Adoption (Refs & Annos)
Part II. Guardianship Proceeding (Refs & Annos)
MD Code, Family Law, § 5-3A-18
§ 5-3A-18. Authority to grant guardianship
Consent or best interests
(a) A court may grant a guardianship of a child only if:
(1) each of the child's living parents consents:
(i) in writing; or
(ii) by failure to timely file notice of objection after being served with a show-cause order in accordance with this subtitle;
(2) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the governmental unit or person consents; or
(3) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-3A-05 of this subtitle.
Conditional consent
(b) A governmental unit or person:
(1) may condition consent or acquiescence on adoption into a specific family that a child placement agency has approved for the placement; but
(2) may not condition consent or acquiescence on any factor other than placement into a specific family.


Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006.
MD Code, Family Law, § 5-3A-18, MD FAMILY § 5-3A-18
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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