§ 5-3B-21. Consent

   (a) Contents. --

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

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

      (ii) further proceedings under this subtitle.

   (2) Consent to adoption under this subtitle is not valid unless the consent:

      (i) is given after the prospective adoptee 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 consent is signed;

         2. the search rights of adoptees and parents under § 5-3B-29 of this subtitle and the search rights of adoptees, siblings, and parents under Subtitle 4B of this title; and

         3. the right to file a disclosure veto under § 5-3B-29 of this subtitle;

      (v) except as to an adoption by a spouse of the prospective adoptee's parent or a relative of the prospective adoptee, states that the parent has been advised of the parent's rights to:

         1. have independent counsel; and

         2. receive adoption counseling and guidance;

      (vi) states whether the parent chose to have or not have counsel or counseling; and

      (vii) is accompanied by an affidavit of counsel appointed under § 5-3B-06 of this subtitle stating that a parent who is a minor or has a disability gives consent knowingly and voluntarily.

(b) Revocation period. --

   (1) (i) Subject to subparagraph (ii) of this paragraph, a parent may revoke consent at any time within 30 days after the parent signs the consent.

      (ii) A parent may not revoke consent for adoption of a prospective adoptee if:

         1. in the preceding year, the parent has revoked consent for or filed a notice of objection to adoption of the prospective adoptee; and

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

   (2) A prospective adoptee 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.