(a)(1) Consent of a parent may include a waiver of rights to notice of:
(i) the filing of a petition under this subtitle; and
(ii) further proceedings under this subtitle.
(2) Consent to adoption under this subtitle is not valid unless the consent:
(i) is given after the prospective adoptee 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 consent is signed;
2. the search rights of adoptees and parents under § 5-3B-29 of this subtitle and the search rights of adoptees, siblings, and parents under Subtitle 4B of this title; and
3. the right to file a disclosure veto under § 5-3B-29 of this subtitle;
(v) except as to an adoption by a spouse of the prospective adoptee's parent or a relative of the prospective adoptee, states that the parent has been advised of the parent's rights to:
1. have independent counsel; and
2. receive adoption counseling and guidance;
(vi) states whether the parent chose to have or not have counsel or counseling; and
(vii) is accompanied by an affidavit of counsel appointed under § 5-3B-06 of this subtitle stating that a parent who is a minor or has a disability gives consent knowingly and voluntarily.
(b)(1)(i) Subject to subparagraph (ii) of this paragraph, a parent may revoke consent at any time within 30 days after the parent signs the consent.
(ii) A parent may not revoke consent for adoption of a prospective adoptee if:
1. in the preceding year, the parent has revoked consent for or filed a notice of objection to adoption of the prospective adoptee; and
2. the child is at least 30 days old and consent is given before a judge on the record.
(2) A prospective adoptee may revoke consent at any time before a court enters an order of adoption under this subtitle.
Credits
Added as Family Law § 5-3B-20 by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Renumbered as Family Law § 5-3B-21 by Acts 2006, c. 365, § 1, eff. June 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006.
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
