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Session Laws, 1987
Volume 769, Page 1136   View pdf image
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Ch. 279                                    LAWS OF MARYLAND

parent before a court may grant a decree of adoption without
the consent of the child's natural parent under certain
circumstances; providing for the application and
construction of this Act; and generally relating to
independent adoptions in which a natural parent withholds
consent.

BY repealing and reenacting, with amendments,

Article - Family Law

Section 5-312                                                                                     

Annotated Code of Maryland

(1984 Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-312.

(a)  (1) This section applies only to independent adoptions
in which a natural parent AFFIRMATIVELY withholds consent BY
FILING A NOTICE OF OBJECTION.

(2) This section does not permit a licensed or
approved foster parent to petition a court for adoption of a
child who was placed with the foster parent by a child placement
agency unless the child placement agency consents.

(b)  Without the consent of the child's natural parent, a
court may grant a decree of adoption to a stepparent, relative,
or other individual who has exercised physical care, custody, or
control of a child for at least [1 year] 6 MONTHS, if by clear
and convincing evidence the court finds that:

(1)  it is in the best interest of the child to
terminate the natural parent's rights as to the child;

(2)  the child has been out of the custody of the
natural parent for at least [3 years] 1 YEAR;

(3)   the child has developed significant feelings
toward and emotional ties with the petitioner; and

(4)   the natural parent:

(i) has not maintained meaningful contact with
the child during the time the petitioner has had custody despite
the opportunity to do so;

- 1136 -

 

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Session Laws, 1987
Volume 769, Page 1136   View pdf image
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