Section 5-350 - Authority to grant adoption.
§ 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.]