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Session Laws, 1993
Volume 772, Page 2136   View pdf image
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Ch. 395

1993 LAWS OF MARYLAND

(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.

(3)     If the child has been adjudicated to be a child in need of assistance in a
prior juvenile proceeding, and the court is satisfied by affidavit or testimony that the
petitioner has made reasonable good faith efforts to serve by both certified mail and
private process one show cause order on the parent at all addresses specified in
subsection (b) of this section, but was not successful, the. court shall, waive the
requirement of notice to the natural parent.

(d) If a person is notified under this section and fails to file notice of objection
within the time stated in the show cause order, or if a person's notification has been
waived under subsection (c) of this section:

(1) the court shall consider the person who is notified or whose notice is
waived to have consented to the adoption or to the guardianship; and

(2) the petition shall be treated in the same manner as a petition to which
consent has been given.]

5-322.

(A) (1) A PETITIONER SHALL GIVE TO EACH PERSON WHOSE CONSENT IS
REQUIRED, AND WHOSE CONSENT AND WAIVER OF RIGHT TO NOTICE HAS NOT
BEEN OBTAINED, NOTICE OF THE FILING OF A PETITION FOR ADOPTION OR A
PETITION FOR GUARDIANSHIP BY ENTRY AND SERVICE OF A SHOW CAUSE ORDER.

(2) THE COURT SHALL DEEM SERVICE OF THE SHOW CAUSE ORDER
EFFECTIVE IF:

(I) MADE BY PERSONAL SERVICE; OR

(II) AFTER AN UNSUCCESSFUL REASONABLE AND GOOD FAITH
ATTEMPT AT PERSONAL SERVICE AT THE PERSON'S LAST KNOWN ADDRESS, SENT BY
CERTIFIED MAIL, RESTRICTED DELIVERY, TO THE PERSON'S LAST KNOWN ADDRESS.

(3) IN ADDITION TO THE NOTICE REQUIRED UNDER PARAGRAPH (2) OF
THIS SUBSECTION, IF A PETITION FOR GUARDIANSHIP IS FILED AFTER A JUVENILE
COURT PROCEEDING IN WHICH THE CHILD HAS BEEN ADJUDICATED TO BE A CHILD
IN, NEED OF ASSISTANCE, A PETITIONER SHALL ALSO GIVE NOTICE TO THE
ATTORNEYS WHO REPRESENTED THE PARENTS IN THE JUVENILE PROCEEDING.

(4) IF A LAST KNOWN ADDRESS CANNOT BE IDENTIFIED USING THE
PROCEDURE DESCRIBED IN SUBSECTION (D) OF THIS SECTION, NOTICE SHALL BE
GIVEN;

- 2136 -

 

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Session Laws, 1993
Volume 772, Page 2136   View pdf image
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