Form 9-102.7.Attorney affidavit as to consent of a parent to a private agency guardianship

Last amended July 1, 2024 · Current through June 1, 2026 · Last verified September 8, 2026

In one sentenceForm 9-102.7 is the affidavit an attorney files confirming that a parent's consent to a private agency guardianship was informed and voluntary.

Full Text of Form 9-102.7

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Affidavit by Attorney as to Consent of __________ (parent) to Guardianship with the Right to Consent to Adoption

(“Guardianship”) by __________ (agency) of __________ (child)

1. I am the attorney representing __________, a parent of __________, the child who is the subject of the consent.

2. The parent, at the time of the signing of the consent, was ___ years old. The parent's date of birth is ....................................

3. (Check one of the following)

[ ] The parent is not disabled or is disabled but the disability does not affect the parent's ability to understand the meaning of the consent to guardianship.

[ ] The parent is a minor or has a disability that could affect the parent's ability to understand the meaning of the consent to guardianship. The disability is __________. Despite the parent's age or disability, I believe that the parent understood the meaning of consenting to guardianship. The following additional steps were taken to ensure that the parent understood the meaning of the consent form prior to signing it: __________.

4. The parent understands English, or the consent form that the parent signed was translated into __________, a language that the parent understands.

5. Based on my interview with the parent, the parent is not a member of an Indian tribe, is not eligible for membership in an Indian tribe, and has no immediate family member who is a member of an Indian tribe.

6. I have explained to the parent that __________ (agency) has filed or plans to file a case to ask the court to grant it guardianship of the child with the right to consent to adoption by:

Check one of the following:

[ ] a family approved by the agency.

[ ] __________ (name by which parent knows adoptive parent).

7. I reviewed the consent form thoroughly with the parent, and I believe that the parent desires to consent to the guardianship and has signed the consent form knowingly and voluntarily and not due to duress or coercion.

I solemnly affirm under the penalties of perjury that the contents of this affidavit are true to the best of my knowledge, information, and belief.

(Date)           (Signature)

(Printed Name)

(Address)

(City, State, Zip Code)

(Telephone Number)

End

Amendment History

Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.

[Former Form 9-102.8 adopted June 4, 2007, eff. July 1, 2007. Renumbered and amended Nov. 9, 2021, eff. Jan. 1, 2022; April 5, 2024, eff. July 1, 2024.]

Plain-English Summary

A consent is only worth what the person signing it understood. This affidavit is how the court finds that out, and it is sworn under penalties of perjury by the attorney who represented the parent.

The attorney states who they represent and how old the parent was when the consent was signed, with the parent's date of birth. They then check one of two boxes: either the parent is not disabled, or is disabled in a way that does not affect their understanding of what the consent means — or the parent is a minor or has a disability that could affect that understanding, in which case the affidavit says so.

The remaining statements go to comprehension and to the specific bargain being struck. The parent understands English or had the form translated. The attorney has interviewed the parent about membership or eligibility for membership in an Indian tribe. The attorney has explained that the agency has filed or will file a case asking the court for guardianship with the right to consent to adoption, and whether the child will go to a family the agency approves or to a family the parent names. Finally, the attorney affirms having reviewed the consent form thoroughly with the parent and believing that the parent wants to consent.

Frequently Asked Questions

Who signs this affidavit?

The attorney representing the parent who signed the consent. It is affirmed under the penalties of perjury.

What does the affidavit have to say about a disability?

The attorney checks one of two statements: that the parent is not disabled, or is disabled in a way that does not affect their understanding of the consent — or that the parent is a minor or has a disability that could affect that understanding.

When is this affidavit required?

Rule 9-106 requires an attorney's affidavit with a consent signed by a parent where the Family Law Article calls for one. Rule 9-102 directs which of the three affidavit forms to use.

Source & verification. The form text and amendment history are reproduced verbatim from the Maryland Rules, Title 9 — Family Law Actions (Md. Rule, Form 9-102.7). Adopted by the Supreme Court of Maryland. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: attorney affidavit guardianship consent MarylandForm 9-102.7 affidavitcounsel affidavit parent consentconsent validity affidavit