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ROBERT L. EHRLICH, JR., Governor
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Ch. 365
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consensual adoptions, and to add a new subsection (b), which is derived
from former FL § 5-312(c)(2)(ii)l and 2.
The word "order" is substituted for the former word "request", as more
consistent with the duty to consider the report. See proposed FL §
5-3B-22.
Defined terms: "Include" § 1-101
"Parent" § 5-3B-01
"Prospective adoptee" § 5-3B-01
5-3B-19. CONSIDERATIONS.
(A) IN GENERAL.
IN RULING ON A PETITION FOR A PROSPECTIVE ADOPTEE'S ADOPTION UNDER
THIS SUBTITLE, A COURT SHALL CONSIDER:
(1) ALL FACTORS NECESSARY TO DETERMINE THE PROSPECTIVE
ADOPTEE'S BEST INTERESTS; AND
(2) ANY REPORT PREPARED FOR THE COURT.
(B) MARRIAGE.
IN RULING ON AN ADOPTION PETITION UNDER THIS SUBTITLE, A COURT MAY
NOT DENY THE PETITION SOLELY BECAUSE THE PETITIONER IS SINGLE OR
UNMARRIED.
COMMITTEE NOTE: Subsection (a) of this section is new and added to state
expressly that a court may consider relevant factors not limited solely to
religious background covered under former FL § 5-316(2) and to require
consideration of a report. See, e.g., revised § 5-3B-16.
Subsection (b) of this section is derived without substantive change from
former FL § 5-309(b).
In subsection (b) of this section, the reference to being "unmarried" is
substituted for the former reference to "not hav[ing] a spouse".
Defined term: "Prospective adoptee" § 5-3B-01
5-3B-20.
A court may enter an order for adoption only if:
(1) (i) 1. each of the prospective adoptee's living parents consents:
[1.] A. in writing; or
[2.] B. by failure to timely file notice of objection after being
served with a show cause order in accordance with this subtitle; [and]
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. - 1911 -
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