HARRY HUGHES, Governor

3215

(B)(1) EXCEPT IN AN INDEPENDENT ADOPTION, IF THE
COURT IS SATISFIED BY AFFIDAVIT OR TESTIMONY THAT THE
PETITIONER IS UNABLE, AFTER REASONABLE EFFORTS IN GOOD
FAITH, TO ASCERTAIN THE IDENTITY OR WHEREABOUTS OF A PARENT,
NOTICE TO THE PARENT MAY BE WAIVED.

(2) IN AN INDEPENDENT ADOPTION, IF THE COURT IS
SATISFIED BY AFFIDAVIT OR TESTIMONY THAT THE PETITIONER IS
UNABLE, AFTER REASONABLE EFFORTS IN GOOD FAITH, TO ASCERTAIN
THE IDENTITY OR WHEREABOUTS OF A PARENT, NOTICE TO THE
PARENT MAY NOT BE WAIVED. THE COURT SHALL:

(I)  ORDER NOTICE BY PUBLICATION UNDER THE
MARYLAND RULES OF PROCEDURE; OR

(II)  ORDER NOTICE BY POSTING UNDER THE
MARYLAND RULES OF PROCEDURE, IF THE PETITIONER IS FOUND BY
THE COURT TO BE INDIGENT.

(C) IF A PERSON IS NOTIFIED UNDER THIS SECTION AND
FAILS TO INTERVENE WITHIN THE TIME STATED IN THE SHOW CAUSE
ORDER, THE RIGHT TO CONSENT TO THE GUARDIANSHIP OR ADOPTION
SHALL BE CONSIDERED BY THE COURT TO BE WAIVED.

77B.

(A)  IN A GUARDIANSHIP OR ADOPTION PROCEEDING, THE
COURT SHALL APPOINT SEPARATE COUNSEL TO REPRESENT THE
FOLLOWING:

(1)  WHEN THE PERSON'S CONSENT IS REQUIRED FOR
ADOPTION, A PERSON TO BE ADOPTED WHO HAS A DISABILITY WHICH
RENDERS THE PERSON INCAPABLE OF CONSENTING AND OTHERWISE
EFFECTIVELY PARTICIPATING IN THE PROCEEDINGS;

(2)  A PARENT WHO HAS A DISABILITY WHICH RENDERS
THE PARENT INCAPABLE OF CONSENTING AND EFFECTIVELY
PARTICIPATING IN THE PROCEEDINGS;

(3)  ANY MINOR PARENT;

(4)  IN AN INVOLUNTARY TERMINATION OF PARENTAL
RIGHTS, THE PERSON WHO IS THE SUBJECT OF THE PROCEEDING AND
AN INDIGENT PARENT; AND

(5)  IN A HEARING UNDER § 75 OF THIS ARTICLE, AN
INDIGENT PARENT WHO HAS NOT WAIVED THE RIGHT TO RECEIVE
NOTIFICATION OF THE CHILD'S STATUS.

(B)  THE COURT, ON ITS OWN MOTION OR ON MOTION OF A
PARTY, MAY ORDER AN EXAMINATION OF A PERSON WHOSE CONSENT IS
REQUIRED IN ORDER TO DETERMINE IF THE PERSON HAS A
DISABILITY WHICH RENDERS THE PERSON INCAPABLE OF CONSENTING
AND OTHERWISE EFFECTIVELY PARTICIPATING IN THE PROCEEDINGS.