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S.B. 795
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VETOES
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(i) to each of the child's living parents who has not waived the right
to notice AND, IF REPRESENTED, COUNSEL; and
COMMITTEE NOTE: Subsection (b)(1)(i) of this section is amended to add a
requirement for notice to counsel, as well as the parent.
Defined terms: "Child placement agency" § 5-101
"Parent" § 5-3A-01
5-3A-24.
If a petitioner becomes aware, after 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;
(ii) if the unit or person fails to enter into a new consent, ask the
court to set aside the guardianship order; or
(iii) if the unit or person cannot be located after exhaustion of the
service requirements under § 5-3A-15 of this subtitle, ask the court to determine
whether it is in the child's best interests to continue the guardianship despite the
inability to fulfill the condition.
COMMITTEE NOTE: This section is amended to add new item (3), to
accommodate instances in which a nonparty gives consent.
Defined term: "Person" § 1-101
5-3A-34. CONSIDERATIONS.
(A) IN GENERAL.
IN RULING ON A PETITION FOR A CHILD'S ADOPTION UNDER THIS PART III OF
THIS SUBTITLE, A COURT SHALL CONSIDER:
(1) ALL FACTORS NECESSARY TO DETERMINE THE CHILD'S BEST
INTERESTS; AND
(2) THE REPORT REQUIRED UNDER § 5-3A-31 OF THIS SUBTITLE.
(B) MARRIAGE.
IN RULING ON AN ADOPTION PETITION UNDER THIS PART III OF THIS SUBTITLE,
A COURT MAY NOT DENY THE PETITION SOLELY BECAUSE THE PETITIONER IS
SINGLE OR UNMARRIED.
- 3260 -
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