HARRY HUGHES, Governor

1947

In subsection (a) of this section, the word
"prospective", which modifies "adoptive", is new
language added for clarity.

Also in subsection (a) of this section, the words "or
adopting individual" are new language added in light
of § 5-309 of this subtitle, which gives to single
individuals the right to adopt.

Defined terms: "Child placement agency" § 5-301
"Guardianship" § 5-301 "Including" § 1-101
"Placement for adoption" § 5-301

5-320. RESERVED.

5-321. RESERVED.

PART III. PROCEDURE.

5-322. NOTICE.

(A)  IN GENERAL.

(1)  SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A
PETITIONER SHALL GIVE TO EACH PERSON WHOSE CONSENT IS REQUIRED
NOTICE OF THE FILING OF A PETITION FOR ADOPTION OR A PETITION FOR
GUARDIANSHIP.

(2)  A PERSON WHOSE CONSENT IS FILED WITH THE PETITION
NEED NOT BE GIVEN NOTICE IF THE CONSENT INCLUDES A WAIVER OF THE
RIGHT TO NOTICE OF THE FILING OF THE PETITION.

(3)  THE PETITIONER SHALL GIVE NOTICE BY ENTRY AND
SERVICE OF A SHOW CAUSE ORDER SENT TO THE LAST KNOWN ADDRESS THAT
THE PETITIONER HAS FOR EACH PERSON.

(B)  WAIVER.

(1)  EXCEPT IN AN INDEPENDENT ADOPTION, IF THE COURT
IS SATISFIED BY AFFIDAVIT OR TESTIMONY THAT THE PETITIONER, AFTER
REASONABLE EFFORTS IN GOOD FAITH, CANNOT LEARN THE IDENTITY OR
LOCATION OF A NATURAL PARENT, THE COURT MAY WAIVE THE REQUIREMENT
OF NOTICE TO THE NATURAL PARENT.

(2)  IN AN INDEPENDENT ADOPTION, IF THE COURT IS
SATISFIED BY AFFIDAVIT OR TESTIMONY THAT THE PETITIONER, AFTER
REASONABLE EFFORTS IN GOOD FAITH, CANNOT LEARN THE IDENTITY OR
LOCATION OF A NATURAL PARENT, THE COURT MAY NOT WAIVE THE
REQUIREMENT OF NOTICE TO THE NATURAL PARENT, BUT THE COURT SHALL:

(I)  ORDER NOTICE BY PUBLICATION; OR

(II)  IF THE COURT FINDS THE PETITIONER TO BE
INDIGENT, ORDER NOTICE BY POSTING.