# Family Law (GFL)

## Title 5. Children

### Subtitle 3. Guardianship to and Adoption Through Local Department

#### Section 5-321

(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 Sec. 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 Sec. 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 Sec. 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.

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Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)