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2022 Maryland Statutes
Family Law
Title 5 - Children
Subtitle 3 - Guardianship to and Adoption Through Local Department
Part IV - Adoption After Termination of Parental Rights
Section 5-345 - Petition

Universal Citation:
MD Family Law Code § 5-345 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (a)    If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.

    (b)    (1)    Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.

        (2)    If a petitioner under this section is married, the petitioner’s spouse shall join in the petition unless the spouse:

            (i)    is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or

            (ii)    is not competent to join in the petition.

    (c)    (1)    A petitioner under this section shall attach to a petition:

            (i)    1.    all written consents required under § 5-350 of this subtitle; or

                2.    if applicable:

                A.    proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

                B.    certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws;

            (ii)    a copy of an agreement, if any, for postadoption contact; and

            (iii)    a notice of filing that:

                1.    states the date on which the petition was filed;

                2.    identifies each governmental unit or person whose consent was filed with the petition;

                3.    if applicable, states that a postadoption agreement was filed with the petition; and

                4.    includes no identifying information that would be in violation of an agreement or consent.

        (2)    In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.

    (d)    If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.

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