{"data":{"id":"us-md/md.-code-family-law-5-321","jurisdiction":"us-md","citation":"Md. Code, Family Law § 5–321","heading":"","body":"(a) (1) Consent of a parent to guardianship may include a waiver of the right to notice of:\n(i) the filing of a petition under this subtitle; and\n(ii) a hearing under this subtitle.\n(2) Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period.\n(3) Consent of a party to guardianship is not valid unless:\n(i) the consent is given in a language that the party understands;\n(ii) if given in a language other than English, the consent:\n1. is given before a judge on the record; or\n2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;\n(iii) the party has received written notice or on–the–record notice before a judge of:\n1. the revocation provisions in subsections (a)(2) and (c)(1) of this section;\n2. 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\n3. the right to file a disclosure veto under § 5–359 of this subtitle;\n(iv) if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that:\n1. counsel reviewed the consent with the parent; and\n2. the parent consents knowingly and voluntarily; and\n(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.\n(b) (1) Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall:\n(i) file the consent in the individual’s CINA case; and\n(ii) serve a copy of the consent on:\n1. each living parent of the individual;\n2. the parent’s last attorney of record in the CINA case; and\n3. the individual’s last attorney of record in the CINA case.\n(2) Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall:\n(i) file the consent with the juvenile court in which the petition is pending; and\n(ii) serve a copy of the consent on each other party.\n(c) (1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of:\n(i) 30 days after the person signs the consent; or\n(ii) 30 days after the consent is filed as required under this section.\n(2) Consent to guardianship under subsection (a)(2) of this section is irrevocable.\n(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.","path":["Article - Family Law"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl\u0026section=5-321","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:17Z","sha256":"418a0cf55332cbcd7c81d18afd5b8525bccaaafe6c35f7e16cd9b3fbd7b315bc","source_id":"us-md","stale":false,"prev":"us-md/md.-code-family-law-5-320","next":"us-md/md.-code-family-law-5-322"},"notice":"GroundRules: Original legal text. Not legal advice."}