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Ch. 464 2005 LAWS OF MARYLAND
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In the introductory language of subsection (a)(2) of this section, the word
"order" is substituted for the former, more archaic "decree".
In subsection (a)(2) of this section, the word "adoptee" is substituted for the
former references to the "individual adopted", for consistency and brevity.
In subsection (a)(2)(i)1 and 2 of this section, the newly defined term
"adoptive parent" is substituted for the former references to a "petitioner",
for consistency.
In subsection (a)(2)(i)2 of this section, the reference to "offspring born" to
the adoptive parent is substituted for the former reference to "a child born
to the petitioner in wedlock", to avoid the misleading inference that
illegitimacy affects a right, privilege, or obligation of a biological offspring
or that the age of majority might affect an adoptee differently from a
biological offspring.
In subsection (a)(2)(a) of this section, the former reference to a "natural"
parent is omitted to reflect that the duties and rights of nonbiological - i.e.,
adoptive - relatives are affected in the same manner as a biological
relative. Accordingly, in subsection (a)(2)(iii) of this section, a reference to
"parental" relatives is substituted for the former reference to "natural"
relatives.
Former FL § 5-308(c) and (e), which discounted any difference in orders as
to adults and minors or as to interlocutory and final orders, is omitted as
unnecessary.
Defined terms: "Adoptive parent" § 5-101
"Child" § 5-301
"CINA case" § 1-101
"Juvenile court" § 1-101
"Parent" § 5-301
5-342. PETITION TO INVALIDATE.
IF A PETITION TO INVALIDATE AN ORDER FOR ADOPTION UNDER THIS PART III
OF THIS SUBTITLE ON THE BASIS OF A JURISDICTIONAL OR PROCEDURAL DEFECT IS
FILED MORE THAN 1 YEAR AFTER ENTRY OF THE ORDER, A JUVENILE COURT SHALL
DISMISS THE PETITION.
COMMITTEE NOTE: This section is derived from former FL § 5-325 and
revised to require dismissal rather than barring receipt, as more consistent
with court practices.
The word "order" is substituted for the former, more archaic "decree".
Defined term: "Juvenile court" § 1-101
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