2013 Maryland Code
FAMILY LAW
§ 5-3A-35 - Authority to grant adoption

(a) Consent. -- A court may enter an order for a child's adoption under this subtitle only if:

(1) the child placement agency consents; and

(2) for a child who is at least 10 years old, the child consents.

(b) "Disability" defined; withholding consent. --

(1) (i) In this subsection, "disability" means:

1. a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy;

2. a mental impairment or deficiency;

3. a record of having a physical or mental impairment as defined under this paragraph; or

4. being regarded as having a physical or mental impairment as defined under this paragraph.

(ii) "Disability" includes:

1. any degree of paralysis or amputation;

2. blindness or visual impairment;

3. deafness or hearing impairment;

4. muteness or speech impediment;

5. physical reliance on a service animal or a wheelchair or other remedial appliance or device; and

6. intellectual disability, as defined in § 7-101 of the Health - General Article, and any other mental impairment or deficiency that may have necessitated remedial or special education and related services.

(2) A child placement agency may not withhold consent for the sole reason that:

(i) the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent; or

(ii) a prospective adoptive parent has a disability.

(c) Requirements for vaild consent. -- Consent of a party to an adoption under this Part III of this subtitle is not valid unless:

(1) the consent is given in a language that the party understands;

(2) if given in a language other than English, the consent:

(i) is given before a judge on the record; or

(ii) is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(3) the consent names the child;

(4) the consent contains enough information to identify the prospective adoptive parent; and

(5) the party has received written notice or on-the-record notice of:

(i) the revocation provisions in this section;

(ii) 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

(iii) the right to file a disclosure veto under § 5-3A-42 of this subtitle.

(d) Revocation. --

(1) A child placement agency may revoke consent at any time within the later of:

(i) 14 days after the child placement agency signs the consent; or

(ii) 14 days after the adoption petition is filed.

(2) A child who is at least 10 years old may revoke consent at any time before a court enters an order of adoption under this subtitle.