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§ 5-3B-21. Consent

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 II. Adoption Proceedings (Refs & Annos)
MD Code, Family Law, § 5-3B-21
§ 5-3B-21. Consent
Contents
(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.
Revocation period
(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.
MD Code, Family Law, § 5-3B-21, MD FAMILY § 5-3B-21
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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