3206

LAWS OF MARYLAND

Ch. 514

(1)  The interaction and interrelationship of the
child with his natural and foster parent or parents, his
siblings, and any other person who may significantly affect
the. child's best interests;

(2)  The child's adjustment to his home, school,
and community; and

(3)  The mental and physical health of all
individuals referred to in subparagraph (1).

(c)  Additionally, in order to rebut the presumption,
the court shall require substantial proof that:

(1)  The natural parent will be able to resume
his or her parental duties within a reasonable period of
time; or

(2)  The natural parent has played a constructive
role in the child's welfare during the time he has been in
foster care.

In evaluating the parent's role, the court may
consider, among other factors, (1) the frequency and
regularity of personal contact with the child, (2)
demonstrated love and affection, (3) parental arrangement
for the child's future education and financial support, both
in relation to the parent's means.

(d)  Nothing herein shall prevent a child under foster
care from being adopted pursuant to § 74 even if the period
of continuous foster care is less than two consecutive
years.]

[87.

(a) The several equity courts of this State in those
counties in which this section is effective, upon the
application of any person residing in a county where such
application is made, or the equity court in the county where
the person to be adopted resides, shall have power to pass
a decree declaring any person the adopted child of the
petitioner, upon such reasonable notice to the parent or
parents, guardian or guardians, of such child, if any there
be, where a child is to be adopted, or to the next of kin of
the petitioner where an adult is to be adopted, by summons,
order of publication or otherwise, as the court may order to
be given, provided that the court passing the decree shall
become satisfied, upon careful investigation, in the case of
a child, that the best interests and welfare of the child
will be thereby promoted, and provided further, that the
child, if of sufficient intelligence and capacity to give an
understanding assent, or such adult, shall so desire.