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ROBERT L. EHRLICH, JR., Governor Ch. 464
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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)(ii) 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's. 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, are omitted as
unnecessary.
Defined terms: "Adoptive parent" § 5-101
"Child" § 5-301
"Guardianship" § 5-301
"Juvenile court" § 1-101
"Parent" § 5-301
5-353. PETITION TO INVALIDATE.
IF A PETITION TO INVALIDATE AN ORDER FOR ADOPTION UNDER THIS PART IV
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
5-354. RESERVED.
5-355. RESERVED.
PART V. ACCESS TO RECORDS.
5-356. MEDICAL AND PSYCHOLOGICAL MENTAL HEALTH INFORMATION.
(A) COMPILATION OF ADOPTEE'S RECORDS OR HISTORY.
A LOCAL DEPARTMENT SHALL MAKE REASONABLE EFFORTS TO COMPILE AND
MAKE AVAILABLE TO A PROSPECTIVE ADOPTIVE PARENT:
- 2661 -
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