§ 5–321
Statutes in effect as of October 1, 2026.
Md. Code Ann., Fam. Law § 5-321 (2026)
Title 5. Children
Subtitle 3. Guardianship to and Adoption Through Local Department
§ 5–321LinkCopy Citation
(a)
(1)
Consent of a parent to guardianship may include a waiver of the right to notice of:
(i)
the filing of a petition under this subtitle; and
(ii)
a hearing under this subtitle.
(2)
Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period.
(3)
Consent of a party to guardianship is not valid unless:
(i)
the consent is given in a language that the party understands;
(ii)
if given in a language other than English, the consent:
(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;
(iii)
the party has received written notice or on–the–record notice before a judge of:
(1)
the revocation provisions in subsections (a)(2) and (c)(1) of this section;
(2)
the search rights of adoptees and parents under § 5–359 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 § 5–359 of this subtitle;
(iv)
if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that:
(1)
counsel reviewed the consent with the parent; and
(2)
the parent consents knowingly and voluntarily; and
(v)
the consent is accompanied by an affidavit of counsel appointed under § 5–307(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.
(b)
(1)
Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall:
(i)
file the consent in the individual’s CINA case; and
(ii)
serve a copy of the consent on:
(1)
each living parent of the individual;
(2)
the parent’s last attorney of record in the CINA case; and
(3)
the individual’s last attorney of record in the CINA case.
(2)
Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall:
(i)
file the consent with the juvenile court in which the petition is pending; and
(ii)
serve a copy of the consent on each other party.
(c)
(1)
Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of:
(i)
30 days after the person signs the consent; or
(ii)
30 days after the consent is filed as required under this section.
(2)
Consent to guardianship under subsection (a)(2) of this section is irrevocable.
(d)
If, at any time before a juvenile court enters an order for adoption of a child, the juvenile court finds that a condition of consent to guardianship will not be fulfilled, the consent or acquiescence becomes invalid.