§ 5-3A-35. Authority to grant adoption

   (a) Consent. -- A court may enter an order for a child's adoption under this subtitle only if:

   (1) the child placement agency consents; and

   (2) for a child who is at least 10 years old, the child 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 child placement agency 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.

(c) Requirements for vaild consent. -- Consent of a party to an adoption under this Part III of this subtitle is not valid unless:

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

   (2) if given in a language other than English, the consent:

      (i) is given before a judge on the record; or

      (ii) is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

   (3) the consent names the child;

   (4) the consent contains enough information to identify the prospective adoptive parent; and

   (5) the party has received written notice or on-the-record notice of:

      (i) the revocation provisions in this section;

      (ii) 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

      (iii) the right to file a disclosure veto under § 5-3A-42 of this subtitle.

(d) Revocation. --

   (1) A child placement agency may revoke consent at any time within the later of:

      (i) 14 days after the child placement agency signs the consent; or

      (ii) 14 days after the adoption petition is filed.

   (2) A child who is at least 10 years old may revoke consent at any time before a court enters an order of adoption under this subtitle.

HISTORY: 2005, ch. 464, § 3; 2006, ch. 365, § 1, 2; 2009, chs. 567, 568.