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Rule 9-102 – Consents; Revocation of Consent

May 13, 2021 | Family Law, Maryland

(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.

Cross reference: For provisions governing the authority to grant guardianships or adoptions and the validity of consents, see Code, Family Law Article, §§ 5-320 and 5-321 as to a Public Agency Guardianship; 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.

(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 Public Agency Guardianship), Form 9-102.2 (Consent of Parent to a Private Agency Guardianship), Form 9-102.3 (Consent of Parent to a Public Agency Adoption without Prior TPR), Form 9-102.4 (Consent of Parent to an Independent Adoption with Termination of Parental Rights), or Form 9-102.5 (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 9-102.6 (Consent of Child to a Public Agency Adoption or Private Agency Adoption) or Form 9-102.7 (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 9-102.8 (Attorney Affidavit as to Consent of a Parent to a Public Agency Guardianship or Private Agency Guardianship), Form 9-102.9 (Attorney Affidavit as to Consent of a Parent to Adoption), or Form 9-102.10 (Attorney Affidavit as to Consent of a Child to Adoption).

Cross reference: See Rule 9-106(c).

(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 Parent. The time for revocation of consent by a parent is as provided in Code, Family Law Article, § 5-321 (Public Agency Guardianship), § 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 a consent to an adoption (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.

Cross reference: Rule 9-112.

(C) Notice. The court shall send to all parties, including 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.

Md. Fam. Law. Actions. 9-102

This Rule is derived in part from former Rule D73 and is in part new.

Adopted June 5, 1996, eff. Jan. 1, 1997. Amended eff. Oct. 5, 1999; June 4, 2007, eff. July 1, 2007; June 20, 2017, eff. Aug. 1, 2017.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order conformed the form of parental consent set out in section (c) to certain statutory requirements and made changes in the form of consent of the person to be adopted in section (d).

2007 Orders

The June 4, 2007, order rewrote section (a); inserted a new section (b); redesignated section (b) as section (c); rewrote section (b); and deleted the forms in sections (c) and (d). Sections (a) and (b) previously read:

“(a) Generally. Except when otherwise permitted by Code, Family Law Article, § 5-312, § 5-313, or § 5-313.1, a judgment of adoption or guardianship may not be entered without the consents prescribed by Code, Family Law Article, § 5-311 or § 5-317(c)(2).

“Cross reference: See Code, Family Law Article, § 5-314 for provisions governing the validity of consents.

“(b) Revocation of Consent.

“(1) Time for Revoking Consent. An individual to be adopted may revoke his or her consent at any time before entry of a judgment of adoption. Any other person or agency executing a required consent to an adoption or guardianship may revoke the consent within 30 days after the consent is signed.

“(2) Procedure for Revoking. An individual 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. An agency entitled to revoke a consent to an adoption may do so (A) by counsel on the record at the hearing required by Rule 9-109 or(B) in a writing signed by the executive head of the agency and filed with the court.

“Cross reference: Rule 9-112.

“(3) Action by Court Upon Revocation. If a consent is revoked pursuant to this Rule, the court shall (A) schedule a hearing within three days to determine the status of the petition and temporary custody of the child, (B) determine the immediate custody of the child pending that hearing, and (C) send to all parties and all persons who previously consented to the adoption or guardianship, including the person who revoked the consent, a copy of the revocation, notice of the immediate custody determination, and notice of the scheduled hearing. This subsection does not apply to actions governed by Code, Family Law Article, § 5-312, § 5-313, or § 5-313.1.

“Cross reference: Code, Family Law Article, §§ 5-311 and 5-317.

Derivation:

Maryland Rule of Procedure D73, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974; May 31, 1983, eff. July 1, 1983; March 3, 1987, eff. July 1, 1987, related to consents, rescinded June 5, 1996, eff. Jan. 1, 1997.

2017 Orders

The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Human Resources to the “Department of Human Services.