Maryland Code, FAMILY LAW 5-3A-19
Terms Used In Maryland Code, FAMILY LAW 5-3A-19
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(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.