Rule 9-102. Consents;  Revocation of Consent

(a) Consents Generally Required Except when otherwise permitted, a judgment of adoption or guardianship may not be entered without the consents prescribed by Code, Family Law Article.

(b) Form of Consents, Affidavits of Attorneys, and Disclosure Vetoes

(1) Consent of Parent If signed on or after July 1, 2007, the consent of a parent to a guardianship or to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.1 (Consent of Parent to a Private Agency Guardianship), Form 9-102.2 (Consent of Parent to a Public Agency Adoption without Prior TPR), Form 9-102.3 (Consent of Parent to an Independent Adoption with Termination of Parental Rights), or Form 9-102.4 (Consent of Parent to an independent Adoption without Termination of Parental Rights).

(2) Consent of Child to Adoption If signed on or after July 1, 2007, the consent of a child to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.5 (Consent of Child to a Public Agency Adoption or Private Agency Adoption) or Form 9-102.6 (Consent of Child to an Independent Adoption).

(3) Attorney Affidavit When required and if signed on or after July 1, 2007, the affidavit by an attorney as to the validity of the consent of a parent to a guardianship or adoption or a child to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.7 (Attorney Affidavit as to Consent of a Parent to a Private Agency Guardianship), Form 9-102.8 (Attorney Affidavit as to Consent of a Parent to Adoption), or Form 9-102.9 (Attorney Affidavit as to Consent of a Child to Adoption).

(4) Disclosure Vetoes The disclosure vetoes that are required to be attached to the consent forms may be found on the website of the Maryland Department of Human Services.

(c) Revocation of Consent

**(1) Time for Revocation of Consent **

(A) By a Parent The time for revocation of consent by a parent is as provided in Code, Family Law Article, § 5-339 (Public Agency Adoption without Prior TPR), § 5-3A-19 (Private Agency Guardianship), and § 5-3B-21 (Independent Adoption).

(B) By Adoptee The time for revocation of consent by an adoptee is as provided in Code, Family Law Article, § 5-339 (Public Agency Adoption without Prior TPR), § 5-351 (Public Agency Adoption after TPR), § 5-3A-35 (Private Agency Adoption), and 5-3B-21 (Independent Adoption).

(C) By Public or Private Agency or Guardian The time for revocation of consent by a public or private agency or guardian is as provided in Code, Family Law Article, § 5-339 (Public Agency Adoption without Prior TPR), § 5-351 (Public Agency Adoption after TPR), and § 5-3A-35 (Private Agency Adoption).

**(2) Procedure for Revocation of Consent **

(A) By Parent--Delivery to Clerk A parent may revoke a consent to an adoption or guardianship only by a signed writing actually delivered by mail or in person to the clerk of the circuit court designated in the consent to receive the revocation. If the revocation is delivered to an agent of a public or private agency, the agent shall deliver the revocation promptly to the court.

(B) By Agency, Guardian, or Adoptee An agency, guardian, or adoptee may revoke consent to an adoption by (i) in person or through counsel on the record at a hearing or (ii) in a writing signed by the executive head of the agency, the guardian, or the adoptee and filed with the court. If the revocation is delivered to an agent of a public or private agency, the agent shall deliver the revocation promptly to the court.

(C) Notice The court shall send to all parties and the person who revoked the consent a copy of the revocation and notice of a hearing scheduled pursuant to subsection (c)(2)(D) of this Rule.

(D) Court Hearing Upon Revocation of Consent If a consent is revoked pursuant to this Rule, the court shall schedule an immediate hearing to determine the status of the petition and, if necessary, temporary custody of the child.

Committee Notes

Cross reference: For provisions governing the authority to grant guardianships or adoptions and the validity of consents, see Code, Family Law Article, §§ 5-338 and 5-339 as to a Public Agency Adoption without Prior TPR; 5-350 and 5-351 as to a Public Agency Adoption after TPR; 5-3A-18 and 5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B-20 and 5-3B-21 as to an Independent Adoption. Cross reference: See Rule 9-106 (c). Cross reference: See Rule 9-106 (c). Cross reference: See Rule 9-112. Source: This Rule is derived in part from former Rule D73 and is in part new. Cross reference: See Rule 9-112. Source: This Rule is derived in part from former Rule D73 and is in part new. Cross reference: See Rule 9-112. Source: This Rule is derived in part from former Rule D73 and is in part new.