WILLIAM DONALD SCHAEFER, Governor
AN ACT concerning
Independent Adoption - Withholding of Consent
by a Natural Parent
FOR the purpose of altering the application of certain provisions
of law relating to an independent adoption in which a
natural parent withholds consent to provide that those
provisions apply only when the natural parent withholds
consent in a certain manner; altering the period of time
that an individual has exercised physical care, custody, or
control of a child before a court may grant a decree of
adoption without the consent of the child's natural parent
under certain circumstances; altering the period of time
that a child has been out of the custody of the natural
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:
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