Section 5-350 - Authority to grant adoption. - Maryland Statutes

§ 5-350. Authority to grant adoption.
 

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

(1) for an individual under the age of 18 years, the individual's guardian consents; and 

(2) for an individual who is at least 10 years old, the individual consents. 

(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 guardian 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; 2009, chs. 567, 568.]