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ROBERT L. EHRLICH, JR., Governor S.B. 795
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(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
[(3)] (4) (i) if the UNIT OR person enters into a new consent, file the consent
with the court; or
(ii) if the UNIT OR person fails to enter into a new consent, dismiss
the petition.
COMMITTEE NOTE: Subsection (c) of this section is amended to accommodate
instances in which a nonparty gives consent.
Defined term: "Person" § 1-101
5-3A-23.
(b) (1) Whenever a child placement agency files a report under this section,
the child placement agency shall mail notice of the child's status:
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