HARRY HUGHES, Governor

1939

(II)  THE CHILD'S ADJUSTMENT TO HOME, SCHOOL,
AND COMMUNITY; AND

(III)  IF THE NATURAL PARENT IS ABSENT, AN
EVALUATION OF THE PETITIONER'S ATTEMPTS TO LOCATE THE ABSENT
NATURAL PARENT.

(D)  LIMITATION.

A COURT MAY NOT GRANT A DECREE OF ADOPTION UNDER THIS
SECTION SOLELY BECAUSE A NATURAL PARENT:

(1)  DOES NOT HAVE LEGAL CUSTODY OF THE CHILD BY
REASON OF DIVORCE OR LEGAL SEPARATION; OR

(2)  HAS BEEN DEPRIVED OF CUSTODY OF THE CHILD BY THE
ACT OF THE OTHER NATURAL PARENT.

(E)  VISITATION PRIVILEGES.

AFTER THE ADOPTION, IF IT IS IN THE CHILD'S BEST INTEREST,
THE ADOPTIVE PARENT AND A NATURAL PARENT, INCLUDING A
NONCONSECUTIVE NATURAL PARENT, NONCONSENTING NATURAL PARENT MAY
AGREE TO VISITATION PRIVILEGES BETWEEN THE CHILD AND THE NATURAL
PARENT OR SIBLINGS.

REVISOR'S NOTE: This section is new language derived
without substantive change from Article 16, § 77.

In subsection (a)(2) of this section, the word
"approved" is new language added to reflect
administrative practice and customary terminology.

In subsection (e) of this section, the word "if" is
substituted for the former phrase "in cases in which",
for brevity.

Also in subsection (e) of this section, the word
"adoptive" is substituted for the former word
"adopting", for clarity.

Defined terms: "Child placement agency" § 5-301
"Includes" § 1-101 "Independent adoption" § 5-301
"Support" § 1-101

5-313. SAME -- GUARDIANSHIP; ADOPTION IN GENERAL.

(A) IN GENERAL.

A COURT MAY GRANT A DECREE OF ADOPTION OR A DECREE OF
GUARDIANSHIP, WITHOUT THE CONSENT OF THE A NATURAL PARENT
OTHERWISE REQUIRED BY §§ 5-311 AND 5-317 OF THIS SUBTITLE, IF THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT IT IS IN THE
BEST INTEREST OF THE CHILD TO TERMINATE THE NATURAL PARENTS'
PARENT'S RIGHTS AS TO THE CHILD AND THAT: