Section 5-338 - Authority to grant adoption. - Maryland Statutes

§ 5-338. Authority to grant adoption.
 

(a)  Consent or acquiescence.- A juvenile court may enter an order for a child's adoption under this Part III of this subtitle only if: 

(1) (i) both the child's parents are dead; 

(ii) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; 

(iii) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-305 of this subtitle; or 

(iv) 1. at least one of the child's parents: 

A. is represented by an attorney; 

B. has had an opportunity to receive adoption counseling and guidance services; and 

C. consents to the adoption: 

I. in writing; or 

II. knowingly and voluntarily, on the record before the juvenile court; and 

2. the parent who does not consent: 

A. is dead; or 

I. despite reasonable efforts as provided in § 5-316 of this subtitle, cannot be located; 

II. has not contacted the local department with custody of the child or the child for at least 180 days immediately before the filing of the petition; and 

III. fails to respond to a show cause order served under § 5-334 of this subtitle; 

(2) the director of the local department with custody of the child consents; and 

(3) the child: 

(i) is represented by an attorney; and 

(ii) 1. if at least 10 years old, consents; or 

2. if under the age of 10 years, does not object. 

(b)  "Disability" defined; withholding consent.-  

(1) (i) In this subsection, "disability" means 

1. a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; 

2. a mental impairment or deficiency; 

3. a record of having a physical or mental impairment as defined under this paragraph; or 

4. being regarded as having a physical or mental impairment as defined under this paragraph. 

(ii) "Disability" includes: 

1. any degree of paralysis or amputation; 

2. blindness or visual impairment; 

3. deafness or hearing impairment; 

4. muteness or speech impediment; 

5. physical reliance on a service animal or a wheelchair or other remedial appliance or device; and 

6. intellectual disability, as defined in § 7-101 of the Health - General Article, and any other mental impairment or deficiency that may have necessitated remedial or special education and related services. 

(2) A local department may not withhold consent for the sole reason that: 

(i) the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent; or 

(ii) a prospective adoptive parent has a disability. 
 

[2005, ch. 464, § 3; 2006, ch. 365, § 2; 2007, ch. 5; 2009, chs. 567, 568.]