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Statutes Text

Article - Family Law




§5–3A–19.

    (a)    (1)    Consent of a parent may include a waiver of the right to notice of:

            (i)    the filing of a petition under this subtitle; and

            (ii)    further proceedings under this subtitle.

        (2)    Consent to guardianship is not valid unless the consent:

            (i)    is given after the child for whom guardianship is sought is born;

            (ii)    is given in a language that the party understands;

            (iii)    if given in a language other than English:

                1.    is given before a judge on the record; or

                2.    is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

            (iv)    contains an express notice of:

                1.    the right to revoke consent, at any time within 30 days after the person signs the consent, unless the revocation is barred under subsection (b)(2) of this section;

                2.    the search rights of adoptees and parents under § 5-3A-42 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

                3.    the right to file a disclosure veto under § 5-3A-42 of this subtitle; and

            (v)    is accompanied by an affidavit of counsel appointed under § 5-3A-07(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

    (b)    (1)    Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship at any time within 30 days after the person signs the consent.

        (2)    A parent may not revoke consent for guardianship of a child if:

            (i)    in the preceding year, the parent has revoked consent for or filed a notice of objection to guardianship of the child; and

            (ii)    the child is at least 30 days old and consent is given before a judge on the record.

    (c)    If a petitioner becomes aware, before a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:

        (1)    file notice with the court;

        (2)    give notice to all of the other parties;

        (3)    if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and

        (4)    (i)    if the unit or person enters into a new consent, file the consent with the court; or

            (ii)    if the unit or person fails to enter into a new consent, dismiss the petition.



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