§ 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

            B. 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.

HISTORY: 2005, ch. 464, § 3; 2006, ch. 365, § 2; 2007, ch. 5; 2009, chs. 567, 568; 2012, ch. 66, § 6.