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Session Laws, 1987
Volume 769, Page 3745   View pdf image
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WILLIAM DONALD SCHAEFER, Governor
5-317.

(a)  A petition for a decree of adoption may be preceded by
a petition for guardianship of the child.

(b)  Only the executive head of a child placement agency OR
THE ATTORNEY FOR THE CHILD ON BEHALF OF THE CHILD may file a
petition for the agency to be granted guardianship.

(c)  Except as provided in §§ 5-313 and 5-313.1 of this
subtitle, the court may grant a decree awarding guardianship
only:

(1)  after any investigation and hearing the court
considers necessary; and

(2)  with the consent of each living natural parent of
the child.

(d)  In a proceeding for guardianship, consent may be
revoked at any time before a final decree of guardianship.

(e)  A decree of guardianship:

(1)  terminates the natural parents' rights, duties,
and obligations toward the child;

(2)  subject to § 5-319 of this subtitle, eliminates
the need to give notice to the natural parents of the filing of a
petition for adoption of the child; and

(3)  eliminates the need for a further consent by the
natural parents to an adoption of the child.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or
interpreted to have any effect upon or application to any
guardianship from which a final decree was entered before July 1,
1987, nor to any guardianship proceeding pending as of July 1,
1987. However, the amendment by this Act of provisions of law in
effect prior to the effective date of this Act may not be
construed to preclude the application of those provisions of law
to any guardianship for which a final decree was entered before
July 1, 1987, nor to any guardianship proceeding pending as of
the effective date of this Act.

SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1987.

- 3745 -

 

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Session Laws, 1987
Volume 769, Page 3745   View pdf image
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