§ 5-3A-19. Consent

   (a) Contents. --

   (1) Consent of a parent may include a waiver of the right to notice of:

      (i) the filing of a petition under this subtitle; and

      (ii) further proceedings under this subtitle.

   (2) Consent to guardianship is not valid unless the consent:

      (i) is given after the child for whom guardianship is sought is born;

      (ii) is given in a language that the party understands;

      (iii) if given in a language other than English:

         1. is given before a judge on the record; or

         2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

      (iv) contains an express notice of:

         1. the right to revoke consent, at any time within 30 days after the person signs the consent, unless the revocation is barred under subsection (b)(2) of this section;

         2. the search rights of adoptees and parents under § 5-3A-42 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

         3. the right to file a disclosure veto under § 5-3A-42 of this subtitle; and

      (v) is accompanied by an affidavit of counsel appointed under § 5-3A-07(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

(b) Revocation period. --

   (1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship at any time within 30 days after the person signs the consent.

   (2) A parent may not revoke consent for guardianship of a child if:

      (i) in the preceding year, the parent has revoked consent for or filed a notice of objection to guardianship of the child; and

      (ii) the child is at least 30 days old and consent is given before a judge on the record.

(c) Failed conditional placement. -- If a petitioner becomes aware, before a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:

   (1) file notice with the court;

   (2) give notice to all of the other parties;

   (3) if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and

   (4) (i) if the unit or person enters into a new consent, file the consent with the court; or

      (ii) if the unit or person fails to enter into a new consent, dismiss the petition.

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