If a parent executing a surrender in a private adoption is a minor, the parents or tutor of the minor must join in the surrender unless the minor parent has been judicially emancipated or emancipated by marriage.
Age When Consent of Adoptee is Considered or Required
This issue is not addressed in the statutes reviewed.
When Parental Consent is not Needed
Citation: Ch. Code Art. 1193; 1245
The consent of the parent is not required if his or her rights have been terminated in accordance with Title X or XI.
The court may grant an adoption without the consent of the agency, if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.
In an intrafamily adoption, the consent of a parent may be dispensed with when the parent with custody is married to the petitioner and the other parent has failed to support, visit, or communicate with the child without just cause for at least 6 months.
When Consent Can Be Executed
Citation: Ch. Code Art. 1122(b)(1); 1130; 1195
No act of surrender by a mother shall be executed earlier than 5 days following the birth of the child.
A father may execute an act of surrender prior to the birth of the child or at any time after the birth. However, any surrender executed by a father earlier than the 5th day following the birth of the child shall not be irrevocable until the 5th day following the birth of the child.
An alleged or adjudicated father may execute an act of surrender prior to the birth of the child or at any time after the birth. His surrender shall be irrevocable upon execution.
How Consent Must Be Executed
Citation: Ch. Code Art. 1120; 1122
Prior to the execution of any surrender, a surrendering parent shall participate in a minimum of two counseling sessions with a licensed social worker, psychologist, psychiatrist, counselor, or a counselor employed by a licensed child-placing agency.
The act of surrender shall make the following declarations:
The act of surrender shall be in authentic form and shall be dated and signed by the surrendering parent, the attorney for the surrendering parent, if applicable, and either the adoptive parent or attorney representing the adoptive parent who wishes to remain anonymous, or a representative of the agency.
Revocation of Consent
Citation: Ch. Code Art. 1123; 1147
Consent is irrevocable upon execution.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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