§ 5-345. Petition

   (a) Authorized. -- If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.

(b) Petitioner. --

   (1) Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.

   (2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:

      (i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or

      (ii) is not competent to join in the petition.

(c) Contents. --

   (1) A petitioner under this section shall attach to a petition:

      (i) 1. all written consents required under § 5-350 of this subtitle; or

         2. if applicable:

            A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

            B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;

      (ii) a copy of an agreement, if any, for postadoption contact; and

      (iii) a notice of filing that:

         1. states the date on which the petition was filed;

         2. identifies each governmental unit or person whose consent was filed with the petition;

         3. if applicable, states that a postadoption agreement was filed with the petition; and

         4. includes no identifying information that would be in violation of an agreement or consent.

   (2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.

(d) Amended petition. -- If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.

HISTORY: 2005, ch. 464, § 3.