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S.B. 795
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VETOES
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(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]
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, AND THE
UNIT OR PERSON CONSENTS; OR
3. PARENTAL RIGHTS HAVE BEEN TERMINATED IN
COMPLIANCE WITH THE LAWS OF A STATE OR OTHER JURISDICTION, AS DESCRIBED
IN § 5-3B-04 OF THIS SUBTITLE; AND
(ii) if the prospective adoptee is at least 10 years old, the
prospective adoptee consents; or
(2) in accordance with [§ 5-3B-21] § 5-3B-22 of this subtitle, the court
orders adoption without consent otherwise required under this section.
COMMITTEE NOTE: This section is renumbered to reflect the addition of
proposed § 5-3B-19 and the renumbered provisions are amended to add a
specific reference to provisions governing out-of-state orders and to
update a cross-reference.
Defined terms: "Parent" § 5-3B-01
"Person" § 1-101
- 3264 -
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