PARRIS N. GLENDENING, Governor

Ch. 609

CHAPTER 609
(House Bill 715)

AN ACT concerning

Family Law - Adoption - Termination of Parental Rights

FOR the purpose of authorizing a court to terminate the parental rights under certain
circumstances of a natural parent convicted of certain crimes of violence against
certain persons the other natural parent of the child and sentenced to a certain term
of imprisonment; and generally relating to termination of parental rights in certain
independent adoptions.

BY repealing and reenacting, with amendments,
Article - Family Law
Section 5-312

Annotated Code of Maryland
(1991 Replacement Volume and 1994 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 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 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;

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