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Ch. 365 2006 LAWS OF MARYLAND
COMMITTEE NOTE: Subsection (b)(2) of this section is amended to clarify that
the form of notice of objection to a show cause order is a response.
Defined term: "Guardianship" § 5-3A-01
5-3A-18.
(a) A court may grant a guardianship of a child only if:
(1) each of the child's living parents consents:
(i) in writing; or
(ii) by failure to timely file notice of objection after being served
with a show cause order in accordance with this subtitle;
(2) an administrative, executive, or judicial body of a state or other
jurisdiction has granted a GOVERNMENTAL UNIT OR person other than a parent the
power to consent to [adoption] ADOPTION, and the GOVERNMENTAL UNIT OR person
consents; or
(3) [in accordance with § 5-3A-21 of this subtitle, the court orders
guardianship without consent otherwise required under this section] PARENTAL
RIGHTS HAVE BEEN TERMINATED IN COMPLIANCE WITH THE LAWS OF A STATE OR
OTHER JURISDICTION, AS DESCRIBED IN § 5-3A-05 OF THIS SUBTITLE.
(b) A GOVERNMENTAL UNIT OR person:
(1) may condition consent or acquiescence on adoption into a specific
family that a child placement agency has approved for the placement; but
(2) may not condition consent or acquiescence on any factor other than
placement into a specific family.
COMMITTEE NOTE: This section is amended to accommodate instances in
which consent is given by a governmental unit or person other than a
parent and to clarify the instances in which consent is not required due to
prior termination of parental rights.
Defined terms: "Guardianship" § 5-3A-01
"Parent" § 5-3A-01
5-3A-19.
(c) If a petitioner becomes aware, before a court rules on a petition, that a
condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the
petitioner promptly shall:
(1) file notice with the court;
(2) give notice to all of the other parties; [and]
(3) IF CONSENT WAS RECEIVED FROM A GOVERNMENTAL UNIT OR
PERSON WHO IS NOT A PARTY, GIVE NOTICE TO THAT UNIT OR PERSON; AND
- 1906 -
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