Section 5-338 - Authority to grant adoption.
§ 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.]