HARRY HUGHES, Governor

1937

(2) THE CONSENT OF AN INDIVIDUAL TO BE ADOPTED OR OF
A PERSON HAVING GUARDIANSHIP MAY BE REVOKED AT ANY TIME BEFORE A
FINAL DECREE OF ADOPTION OR AN INTERLOCUTORY DECREE OF ADOPTION
BARS THE RIGHT TO REVOKE CONSENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §§
72 and 74(c)(2).

Throughout this section, "individual" is substituted
for the former word "person", for clarity.

In subsections (a) and (b) of this section, the word
"valid", which formerly modified "judicial
proceeding", is deleted as unnecessary.

In subsection (b)(1) of this section, the former word
"director" is deleted as included in "executive head".

In subsection (c) of this section, the exception "when
preceded by a final decree of guardianship" is revised
to apply expressly to the consent of a natural parent
only. This revision, which reflects administrative
interpretation and apparent legislative intent, is
called to the attention of the General Assembly.

The Commission to Revise the Annotated Code points
out, for consideration by the General Assembly, that
the language referring to the time before "a final
decree of adoption or an interlocutory decree of
adoption", which appears in subsection (c)(1) and (2)
of this section and in former Article 16, § 74(c)(2),
may create a substantive ambiguity. There are a
considerable number of indicia that this language was
intended to mean that an interlocutory decree of
adoption cuts off the right to revoke consent: (i) an
interlocutory decree of adoption has the effect of a
final decree under § 5-308 of this subtitle; (ii) if
an interlocutory decree does not cut off the right to
revoke consent, then the reference, to an interlocutory
decree is surplusage, and established rules of
statutory construction attempt to prevent that result;
and (iii) a court could rescind an interlocutory
decree if necessary. In this light, subsection (c) of
this section is revised to clarify that an
interlocutory decree cuts off the right to revoke
consent before a subsequent final decree.

Defined terms: "Child placement agency" § 5-301
"Guardianship" § 5-301

5-312. WHEN PARENTAL CONSENT NOT REQUIRED -- INDEPENDENT
ADOPTION.

(A) SCOPE OF SECTION.