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MARYLAND RULES OF PROCEDURE TITLE 9 - FAMILY LAW ACTIONS CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS Rule 9-111. JUDGMENT OF ADOPTION OR GUARDIANSHIP (a) Time The court may not enter a judgment of adoption or guardianship before the time set forth in Code, Family Law Article: (A) §5-319 in a Public Agency Guardianship; (B) §5-336 in a Public Agency Adoption without Prior TPR; (C) §5-348 in a Public Agency Adoption after TPR; (D) §5-3A-17 in a Private Agency Guardianship; (E) §5-3A-33 in a Private Agency Adoption; or (F) §5-3B-18 in a Independent Adoption. (b) Information from Other Court If a required consent indicates that any revocation of the consent must be filed in a court other than the trial court, the trial court may not enter a judgment of adoption or guardianship until it has obtained from the other court a copy of all papers filed in connection with the consent or an affidavit of the clerk of the other court that no papers were filed in connection with the consent. (c) Supplemental Report -336-
Before entering a judgment of adoption or guardianship, the court may require a supplemental written report from the investigating officer or agency. (d) Change of Name If the name of the person adopted is changed, the judgment of adoption shall state the new name of the person adopted and the names of the adopting parents. (e) Spouse of Parent If the adopting parent is the spouse of a parent of the person to be adopted, the judgment shall specifically state whether and to what extent the parental rights of the parent are affected. Committee note: Any attempt to set aside a judgment of adoption by reason of a procedural defect shall be filed with the court within one year following entry of the judgment. See Code, Family Law Article, §§5-342 as to a Public Agency Adoption without Prior TPR; 5-353 as to a Public Agency Adoption after TPR; 5-3A-37 as to a Private Agency Adoption; and 5-3B-26 as to an Independent Adoption. An adoptive relationship created by a judgment of adoption in another jurisdiction shall be given full faith and credit by the courts of this State. See Code, Family Law Article, §§5-305 as to a Public Agency Adoption without Prior TPR; 5-305 as to a Public Agency Adoption after TPR; 5-3A-05 as to a Private Agency Adoption; and 5-3B-04 as to an Independent Adoption. For the legal effect of adoption see Code, Family Law Article, §§5-341 as to a Public Agency Adoption without Prior TPR; 5-352 as to a Public Agency Adoption after TPR; 5-3A-36 as to a Private Agency Adoption; and 5-3B-35 as to an Independent Adoption. Source: This Rule is derived in part from former Rule D79 and is in part new. -337-
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STANDING COMMITTEE ON RULES OF PRAC
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December 19, 2006 ONE HUNDRED FIFTY
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of probation proceeding is proposed
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litigation. The proposed amendments
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MARYLAND RULES OF PROCEDURE TITLE 3
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Source: This Rule is derived from f
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Source: This Rule is derived from f
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of the amendment, whichever is late
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as of right; and (F) (H) any other
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REPORTER’S NOTE Chapter 534, Laws
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REPORTER’S NOTE See the Reporter
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Insurance Commissioner of Maryland
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Section (d) (c) is derived from for
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under Rule 4-345, or the defendant
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under Code, Criminal Procedure Arti
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-43- ______ ______ proven not prove
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custody, arrest, or detention of or
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contendere to a charge of a crime o
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to conform his or her conduct to th
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of us, but fewer than all 12, find
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We unanimously determine the senten
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within 15 days after service of the
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language of the proposed amendment
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irregularity. If the appeal is rein
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taking into consideration all relev
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(c) Service (d) Response (e) Hearin
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Family Law Article, Titles 1 and 5
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Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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B. Right to Speak with a Lawyer You
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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Social Services Administration of t
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CONSENT OF ________________________
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Human Resources for adoption search
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knowledge, information, and belief.
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___________________________________
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knowledge, information, and belief.
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terminate parental rights and adopt
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party; (5) past or current mental h
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REPORTER’S NOTE Proposed new Rule
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of child’s counsel. The terminolo
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their roles as parents or custodian
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waived or (2) placing the waiver or
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Each court should develop a compens
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Rule 2-504 is proposed to be amende
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They are not designed to be a basis
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whether because of minority, mental
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follows: MARYLAND RULES OF PROCEDUR
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Cross reference: See Md. Const., Ar
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Under the proposed amendment, excep
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The presence of a majority of the m
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complainant of the right to file a
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Counsel to issue a subpoena to obta
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The Board may authorize a further i
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(l) Action by Commission The Commis
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(1) Upon application by Investigati
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2. "Local administrative judge" mea
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(iii) The use of electronic or phot
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proceedings, and cases involving tr
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3. 6. Not more than one audio syste
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New language is proposed to be adde
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In addition to the mailed notice, t
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Upon payment in cash or by certifie
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estores the lawyer to good standing
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shall prepare, certify, and file wi
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MARYLAND RULES OF PROCEDURE APPENDI
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issues. In light of this change, th
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REPORTER’S NOTE See the Reporter
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Page 297 and 298: (1) Contents (2) Exhibits (c) Petit
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Page 303 and 304: The time for revocation of consent
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Page 309 and 310: in compliance with the jurisdiction
Page 311 and 312: epresented. (4) §§5-3B-06 and 5-3
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Page 319 and 320: participate effectively in the adop
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Page 323 and 324: [ ] I am the person to be adopted a
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Page 339 and 340: the Department of Health and Mental
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Page 345 and 346: consent form will also be filed in
Page 347 and 348: CONSENT TO GUARDIANSHIP WITH THE RI
Page 349 and 350: D. Notice ending (termination) of m
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Page 353 and 354: You have the right to speak with a
Page 355 and 356: 1. The adoption agency does not pla
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Page 359 and 360: [ ] I voluntarily and of my own fre
Page 361 and 362: (Printed Name) ____________________
Page 363 and 364: You have the right to speak with a
Page 365 and 366: I. Access to Birth and Adoption Rec
Page 367 and 368: Use a pen to fill out this form. Yo
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Page 373 and 374: B. Right to Speak with a Lawyer You
Page 375 and 376: charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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