Md. Code Ann., Est. & Trusts § 13.5-102
Foreign country treated as state for purpose of applying Subtitles 1, 2, 3, and 5
Effective Oct 1, 2010Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.State of Maryland
- (a) Subject to subsection (b) of this section, a court of this State may treat a foreign country as if the country were a state for the purpose of applying Subtitles 1, 2, 3, and 5 of this title.
(b) Unless a court of this State finds by a preponderance of the evidence that a foreign country applies and follows substantive and procedural due process consistent with the practices and policies of the State of Maryland, the court:
- (1) May not request a court in the foreign country to issue an order or hold a hearing;
- (2) May not decline to exercise jurisdiction if, by declining jurisdiction in this State, a court in the foreign country may obtain jurisdiction;
- (3) May not dismiss or stay a proceeding in this State requested or ordered by a court in the foreign country;
- (4) May not determine that a court in the foreign country is an appropriate forum;
- (5) May decline to comply with notice requirements of the foreign country or this title;
- (6) May proceed with the case if this State is otherwise an appropriate forum;
- (7) May not issue an order or provisional order to transfer a guardianship or conservatorship to the foreign country; and
- (8) May not recognize under any provision of law a guardianship or conservatorship order from the foreign country.
Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.