§ 5-3A-18. Authority to grant guardianship  


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  •    (a) Consent or best interests. -- A court may grant a guardianship of a child only if:

       (1) each of the child's living parents consents:

          (i) in writing; or

          (ii) by failure to timely file notice of objection after being served with a show cause order in accordance with this subtitle;

       (2) 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 governmental unit or person consents; or

       (3) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-3A-05 of this subtitle.

    (b) Conditional consent. -- A governmental unit or person:

       (1) may condition consent or acquiescence on adoption into a specific family that a child placement agency has approved for the placement; but

       (2) may not condition consent or acquiescence on any factor other than placement into a specific family.


HISTORY: 2005, ch. 464, § 3; 2006, ch. 365, § 2.