1. (a) If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.

2. (b)

   1. (1) Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.

   2. (2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:

      1. (i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
      2. (ii) is not competent to join in the petition.

3. (c)

   1. (1) A petitioner under this section shall attach to a petition:

      1. (i) 1. all written consents required under § 5-350 of this subtitle; or

         1. 2. if applicable:

            1. A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
            2. B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;
      2. (ii) a copy of an agreement, if any, for postadoption contact; and

      3. (iii) a notice of filing that:

         1. 1. states the date on which the petition was filed;
         2. 2. identifies each governmental unit or person whose consent was filed with the petition;
         3. 3. if applicable, states that a postadoption agreement was filed with the petition; and
         4. 4. includes no identifying information that would be in violation of an agreement or consent.
   2. (2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.
4. (d) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006.