Current with changes from the 2024 Legislative Session
(a) Before termination of parental rights as to a child, a petition for adoption of the child may be filed only as provided in this Part III of this subtitle.(b)(1) With the consent of the local department with custody of a child, any adult may petition a juvenile court under this Part III of this subtitle to adopt the child.(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)(1) A petitioner under this section shall attach to a petition: (i) for a parent who is dead, a death certificate;(ii) for each other parent:1. the consent required under this Part III of this subtitle;2. an affidavit, by the local department with custody of the child, stating that: A. despite reasonable efforts as provided in § 5-316 of this subtitle, the parent cannot be located; andB. to the best knowledge of the local department, the parent has not contacted the local department or child for at least 180 days immediately before the filing of the petition; or3. 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; andB. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;(iii) each other consent required under § 5-338 of this subtitle;(iv) a copy of an agreement, if any, for postadoption contact; and(v) a notice of filing that: 1. states the date on which the petition was filed;2. identifies each person whose consent was filed with the petition;3. states the obligation of a parent to give the juvenile court and local department notice of each change in the parent's address;4. if applicable, states that a postadoption agreement was filed with the petition; and5. 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) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.(e) The local department with custody of the child shall assist a petitioner in complying with the requirements of this section.