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Maryland Adoption Laws, Page 3

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Who Must Consent to an Adoption

Statute: Fam. Law § 5-311

  • The natural mother and father
  • If parental rights have been terminated, the head of the agency that has been awarded guardianship

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Age When Consent of Adoptee is Considered or Required

Statute: Fam. Law § 5-311

  • A child 10 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: Fam. Law § 5-312

  • The child has been out of the parent's custody for 1 year, and is in the custody of a child-placing agency.
  • The child has been out of the parent's custody for 1 year, and has formed a significant attachment to the petitioner.
  • The child has been abandoned.
  • The parent has failed to maintain meaningful contact with the child or to support the child.
  • The parent has been convicted of child abuse or a crime of violence against a child.

When Consent Can Be Executed

Statute:

Not addressed in statutes reviewed

How Consent Must Be Executed

Statute: Fam. Law § 5-314

  • Consent must contain an express notice of the right to revoke.
  • A minor parent's consent is valid only when accompanied by an affidavit from counsel stating that consent is given knowingly and willingly.

Revocation of Consent

Statute: Fam. Law § 5-311

  • Consent may be revoked within 30 days by an individual or an agency.
  • The individual to be adopted may revoke consent at any time before a decree of adoption is entered.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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