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§ 5-3B-06. Appointed counsel

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3b. Independent Adoption (Refs & Annos)
Part I. General Provisions (Refs & Annos)
MD Code, Family Law, § 5-3B-06
§ 5-3B-06. Appointed counsel
Parent
(a)(1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:
(i) has a disability that makes the parent incapable of effectively participating in the case; or
(ii) when the parent must decide whether to consent to adoption, is still a minor.
(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.
Prospective adoptee
(b)(1) In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:
(i) has a disability that makes the prospective adoptee incapable of effectively participating in the case; and
(ii) when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old.
(2) To determine whether a disability makes a prospective adoptee incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the prospective adoptee.
Dual representation
(c) An attorney or firm:
(1) may represent more than one party in a case under this subtitle only if the Maryland Lawyers' Rules of Professional Conduct allow; and
(2) may not represent a prospective adoptive parent and parent in the same adoption case.
Compensation
(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 44, § 1, eff. April 8, 2006.
MD Code, Family Law, § 5-3B-06, MD FAMILY § 5-3B-06
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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