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§ 5-312. When parental consent not required - Independent adoption.
(a) Scope of section.-
(1) This section applies only to independent adoptions in which a natural parent affirmatively withholds consent by filing a notice of objection.
(2) This section does not permit a licensed or approved foster parent to petition a court for adoption of a child who was placed with the foster parent by a child placement agency unless the child placement agency consents.
(b) In general.- Without the consent of the child's natural parent, a court may grant a decree of adoption to a stepparent, relative, or other individual who has exercised physical care, custody, or control of a child for at least 6 months, if by clear and convincing evidence the court finds that:
(1) it is in the best interest of the child to terminate the natural parent's rights as to the child;
(2) the child has been out of the custody of the natural parent for at least 1 year;
(3) the child has developed significant feelings toward and emotional ties with the petitioner; and
(4) the natural parent:
(i) has not maintained meaningful contact with the child during the time the petitioner has had custody despite the opportunity to do so;
(ii) has repeatedly failed to contribute to the physical care and support of the child although financially able to do so; (iii) has been convicted of child abuse of the child or another child of the natural parent; or
(iv) has:
1. subjected the child to:
A. torture, chronic abuse, or sexual abuse; or
B. chronic and life-threatening neglect;
2. been convicted:
A. in this State of a crime of violence, as defined in § 14-101 of the Criminal Law Article, against the child, the other natural parent of the child, another child of the natural parent, or any person who resides in the household of the natural parent;
B. in any state or in any court of the United States of a crime that would be a crime of violence, as defined in § 14-101 of the Criminal Law Article, if committed in this State against the child, the other natural parent of the child, another child of the natural parent, or any person who resides in the household of the natural parent; or
C. of aiding or abetting, conspiring, or soliciting to commit a crime described in item A or B of this item; or
3. involuntarily lost parental rights of a sibling of the child.
(c) Considerations.-
(1) If the court finds that any of the circumstances enumerated in subsection (b)(4)(iii) or (iv) of this section exists, the court shall make a specific finding, based on facts in the record, as to whether or not the return of the child to the custody of the natural parent poses an unacceptable risk to the future safety of the child.
(2) In determining whether it is in the best interest of the child to terminate a natural parent's rights as to the child under this section, the court shall:
(i) give primary consideration to the safety and health of the child; and (ii) request an investigation by an appropriate agency and a report of the investigation that includes summaries of:
1. the child's feelings toward and emotional ties with the child's natural parents, the child's siblings, the petitioner, and any other individual who may significantly affect the child's best interest;
2. the child's adjustment to home, school, and community; and
3. if the natural parent is absent, an evaluation of the petitioner's attempts to locate the absent natural parent.
(d) Limitation.- A court may not grant a decree of adoption under this section solely because a natural parent:
(1) does not have legal custody of the child by reason of divorce or legal separation; or
(2) has been deprived of custody of the child by the act of the other natural parent.
(e) Visitation privileges.- After the adoption, if it is in the child's best interest, the adoptive parent and a nonconsenting natural parent may agree to visitation privileges between the child and the natural parent or siblings.
[An. Code 1957, art. 16, § 77; 1984, ch. 296, § 2; 1987, ch. 279; 1995, chs. 608, 609; 1998, ch. 629; 2002, ch. 213, § 6.]
