2016 Maryland Code
Family Law
Title 5 - Children
Subtitle 3B - Independent Adoption
Part I - General Provisions
§ 5-3B-06. Appointed counsel

(a) Parent. --

(1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:

(i) has a disability that makes the parent incapable of effectively participating in the case; or

(ii) when the parent must decide whether to consent to adoption, is still a minor.

(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.

(b) Prospective adoptee. --

(1) In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:

(i) has a disability that makes the prospective adoptee incapable of effectively participating in the case; and

(ii) when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old.

(2) To determine whether a disability makes a prospective adoptee incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the prospective adoptee.

(c) Dual representation. -- An attorney or firm:

(1) may represent more than one party in a case under this subtitle only if the Maryland Lawyers' Rules of Professional Conduct allow; and

(2) may not represent a prospective adoptive parent and parent in the same adoption case.

(d) Compensation. -- Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.