US Laws, Codes, Statutes & Cases

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      This section does not limit the right of an individual to provide for distribution of property by will.

      (b)      Except as otherwise provided in this section, after a decree of adoption is entered:

            (1)      the individual adopted:

                  (i)      is the child of the petitioner for all intents and purposes; and

                  (ii)      is entitled to all the rights and privileges of and is subject to all the obligations of a child born to the petitioner in wedlock;

            (2)      each living natural parent of the individual adopted is:

                  (i)      relieved of all parental duties and obligations to the individual adopted; and

                  (ii)      divested of all parental rights as to the individual adopted; and

            (3)      all rights of inheritance between the individual adopted and the natural relatives shall be governed by the Estates and Trusts Article.

      (c)      The legal effect of an adoption of an individual who is an adult is the same as that of the adoption of a minor.

      (d)      (1)      In this subsection, "instrument" means a deed, grant, will, or other written instrument.

            (2)      In any instrument executed on or after June 1, 1947, unless the instrument clearly indicates otherwise, "child", "descendant", "heir", "issue", or any equivalent term includes an adopted individual whether the instrument was executed before or after the decree of adoption was entered.

            (3)      In any instrument executed before June 1, 1947, unless the instrument clearly indicates otherwise, "child", "descendant", "heir", "issue", or any equivalent term includes an adopted individual if the interlocutory decree of adoption, if any, or, if none, the final decree of adoption was entered on or after January 1, 1945.

      (e)      (1)      Unless and until an interlocutory decree of adoption is revoked, it has the same effect as a final decree of adoption.

            (2)      On entry of a final decree of adoption, the legal effects of an interlocutory decree of adoption are confirmed and continued.

** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 - 2005 **

      (a)      (1)      A prospective adoptive parent and parent of a prospective adoptee under this subtitle may enter into a written agreement to allow contact, after the adoption, between:

                  (i)      the parent or other relative of the adoptee; and

                  (ii)      the adoptee or adoptive parent.

            (2)      An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:

                  (i)      a relative or former parent of the adoptee; and

                  (ii)      the adoptee or adoptive parent.

      (b)      An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.

      (c)      An individual who prepares an agreement described in subsection (a)(1) of this section:

            (1)      shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle or in a CINA case pending as to the prospective adoptee; and

            (2)      if the agreement so provides, shall redact identifying information from the copies.

      (d)      Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, an adoption or guardianship.

      (e)      If a dispute as to an agreement made under this section arises, a court may refer the parties to mediation to try to resolve the dispute.

      (f)      (1)      A juvenile court or other court of competent jurisdiction shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee's best interests.

            (2)      If a party moves in juvenile court or another court of competent jurisdiction to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee's best interests, the court may modify the agreement.