2016 Maryland Code
Family Law
Title 5 - Children
Subtitle 3 - Guardianship to and Adoption Through Local Department
Part III - Adoption Without Prior Termination of Parental Rights
§ 5-339. Consent

MD Fam L Code § 5-339 (2016) What's This?

(a) Contents and attachments. --

(1) Consent of a parent to an adoption under this Part III of this subtitle may include:

(i) a provision barring a petitioner from learning identifying information about the parent; and

(ii) a waiver of the right to notice of further proceedings under this Part III of this subtitle.

(2) Consent to adoption entered into before a judge on the record shall include a waiver of the revocation period.

(3) Consent of a party to an adoption under this Part III of this subtitle is not valid unless:

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

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

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;

(iii) the consent names the child;

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

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

1. the revocation provisions in subsections (a)(2) and (b)(1) of this section;

2. the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

3. the right to file a disclosure veto under § 5-359 of this subtitle; and

(vi) the consent is accompanied by an affidavit of counsel appointed under § 5-307(a) of this subtitle, stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

(b) Revocation by parent. --

(1) Subject to paragraph (2) of this subsection, a parent may revoke consent to adoption under this Part III of this subtitle at any time within the later of:

(i) 30 days after the parent signs the consent; or

(ii) 30 days after the adoption petition is filed.

(2) Consent to adoption under subsection (a)(2) of this section is irrevocable.

(c) Revocation by local department. -- A local department may revoke consent to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.

(d) Revocation or objection by child. -- A child may revoke consent or object to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.

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