Authority to grant guardianship

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    (a)    A court may grant a guardianship of a child only if:

        (1)    each of the child’s living parents consents:

            (i)    in writing; or

            (ii)    by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle;

        (2)    an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the governmental unit or person consents; or

        (3)    parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–3A–05 of this subtitle.

    (b)    A governmental unit or person:

        (1)    may condition consent or acquiescence on adoption into a specific family that a child placement agency has approved for the placement; but

        (2)    may not condition consent or acquiescence on any factor other than placement into a specific family.


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