2016 Maryland Code
Family Law
Title 5 - Children
Subtitle 3B - Independent Adoption
Part II - Adoption Proceedings.
§ 5-3B-21. Consent

MD Fam L Code § 5-3B-21 (2016) What's This?

(a) Contents. --

(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.

(b) Revocation period. --

(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.

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