Maryland Adoption Laws, Page 3
Consent Laws
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
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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