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§ 5-3A-19. Consent

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-19
§ 5-3A-19. Consent
Currentness
Contents
(a)(1) Consent of a parent may include a waiver of the right to notice of:
(i) the filing of a petition under this subtitle; and
(ii) further proceedings under this subtitle.
(2) Consent to guardianship is not valid unless the consent:
(i) is given after the child for whom guardianship is sought is born;
(ii) is given in a language that the party understands;
(iii) if given in a language other than English:
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;
(iv) contains an express notice of:
1. the right to revoke consent, at any time within 30 days after the person signs the consent, unless the revocation is barred under subsection (b)(2) of this section;
2. the search rights of adoptees and parents under § 5-3A-42 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 § 5-3A-42 of this subtitle; and
(v) is accompanied by an affidavit of counsel appointed under § 5-3A-07(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.
Revocation period
(b)(1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship at any time within 30 days after the person signs the consent.
(2) A parent may not revoke consent for guardianship of a child if:
(i) in the preceding year, the parent has revoked consent for or filed a notice of objection to guardianship of the child; and
(ii) the child is at least 30 days old and consent is given before a judge on the record.
Failed conditional placement
(c) If a petitioner becomes aware, before a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:
(1) file notice with the court;
(2) give notice to all of the other parties;
(3) if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and
(4)(i) if the unit or person enters into a new consent, file the consent with the court; or
(ii) if the unit or person fails to enter into a new consent, dismiss the petition.

Credits

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-19, MD FAMILY § 5-3A-19
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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