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Rule 9-102.Consents; revocation of consent

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

In one sentenceRule 9-102 requires the consents the Family Law Article prescribes, sends each of them to a numbered form, and sets out how a consent is revoked and what the court does next.

Full Text of Rule 9-102

Text sizeJump to: (a) (b) (c)

(a) Consents Generally Required. Except when otherwise permitted, a judgment of adoption or guardianship may not be entered without the consents prescribed by Code, Family Law Article.
Cross reference: For provisions governing the authority to grant guardianships or adoptions and the validity of consents, see Code, Family Law Article, §§ 5-338 and 5-339 as to a Public Agency Adoption without Prior TPR; 5-350 and 5-351 as to a Public Agency Adoption after TPR; 5-3A-18 and 5-3A-19 as to a Private Agency Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B-20 and 5-3B-21 as to an Independent Adoption of a minor.
(b) Form of Consents, Affidavits of Attorneys, and Disclosure Vetoes.
(1) Consent of Parent. If signed on or after July 1, 2007, the consent of a parent to a guardianship or to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.1 (Consent of Parent to a Private Agency Guardianship), Form 9-102.2 (Consent of Parent to a Public Agency Adoption without Prior TPR), Form 9-102.3 (Consent of Parent to an Independent Adoption with Termination of Parental Rights), or Form 9-102.4 (Consent of Parent to an independent Adoption without Termination of Parental Rights).
(2) Consent of Child to Adoption. If signed on or after July 1, 2007, the consent of a child to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.5 (Consent of Child to a Public Agency Adoption or Private Agency Adoption) or Form 9-102.6 (Consent of Child to an Independent Adoption).
(3) Attorney Affidavit. When required and if signed on or after July 1, 2007, the affidavit by an attorney as to the validity of the consent of a parent to a guardianship or adoption or a child to an adoption shall be substantially in the applicable form set forth at the end of this Title as Form 9-102.7 (Attorney Affidavit as to Consent of a Parent to a Private Agency Guardianship), Form 9-102.8 (Attorney Affidavit as to Consent of a Parent to Adoption), or Form 9-102.9 (Attorney Affidavit as to Consent of a Child to Adoption).
Cross reference: See Rule 9-106 (c).
(4) Disclosure Vetoes. The disclosure vetoes that are required to be attached to the consent forms may be found on the website of the Maryland Department of Human Services.
(c) Revocation of Consent.
(1) Time for Revocation of Consent.
(A) By a Parent. The time for revocation of consent by a parent is as provided in Code, Family Law Article, § 5-339 (Public Agency Adoption without Prior TPR), § 5-3A-19 (Private Agency Guardianship), and § 5-3B-21 (Independent Adoption).
(B) By Adoptee. The time for revocation of consent by an adoptee is as provided in Code, Family Law Article, § 5-339 (Public Agency Adoption without Prior TPR), § 5-351 (Public Agency Adoption after TPR), § 5-3A-35 (Private Agency
Adoption), and 5-3B-21 (Independent Adoption).
(C) By Public or Private Agency or Guardian. The time for revocation of consent by a public or private agency or guardian is as provided in Code, Family Law Article, § 5-339 (Public Agency Adoption without Prior TPR), § 5-351 (Public Agency Adoption after TPR), and § 5-3A-35 (Private Agency Adoption).
(2) Procedure for Revocation of Consent.
(A) By Parent — Delivery to Clerk. A parent may revoke a consent to an adoption or guardianship only by a signed writing actually delivered by mail or in person to the clerk of the circuit court designated in the consent to receive the revocation. If the revocation is delivered to an agent of a public or private agency, the agent shall deliver the revocation promptly to the court.
(B) By Agency, Guardian, or Adoptee. An agency, guardian, or adoptee may revoke consent to an adoption by (i) in person or through counsel on the record at a hearing or (ii) in a writing signed by the executive head of the agency, the guardian, or the adoptee and filed with the court. If the revocation is delivered to an agent of a public or private agency, the agent shall deliver the revocation promptly to the court.
Cross reference: See Rule 9-112.
(C) Notice. The court shall send to all parties and the person who revoked the consent a copy of the revocation and notice of a hearing scheduled pursuant to subsection (c)(2)(D) of this Rule.
(D) Court Hearing Upon Revocation of Consent. If a consent is revoked pursuant to this Rule, the court shall schedule an immediate hearing to determine the status of the petition and, if necessary, temporary custody of the child.
Source: This Rule is derived in part from former Rule D73 and is in part new.
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.

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended eff. Oct. 5, 1999; June 4, 2007, eff. July 1, 2007; June 20, 2017, eff. Aug. 1, 2017; Nov. 9, 2021, eff. Jan. 1, 2022; Nov. 17, 2023 eff. Nov. 20, 2023; Feb. 23, 2026, eff. July 1, 2026.]

Plain-English Summary

Consent is the hinge of an adoption. Without the consents the statute requires, no judgment of adoption or guardianship may be entered unless some other provision permits it.

The rule does not leave the wording to the parties. Nine forms are set out at the end of the Title, and a consent signed on or after July 1, 2007 must be substantially in the applicable one. A parent's consent goes on one of four forms, depending on whether the proceeding is a private agency guardianship, a public agency adoption without prior termination, or an independent adoption with or without termination. A child's consent goes on one of two. An attorney's affidavit about the validity of a consent goes on one of three. The disclosure vetoes that attach to the consent forms are published by the Department of Human Services rather than reprinted here.

Revocation is deliberately narrow. A parent may revoke only by a signed writing actually delivered, by mail or in person, to the clerk of the circuit court named in the consent — not to a social worker, not to a lawyer. An agency, guardian or adoptee revokes either on the record at a hearing or by a signed writing filed with the court. If a revocation reaches an agency's agent, the agent must deliver it promptly to the court. The court then sends every party and the person who revoked a copy of the revocation, and schedules an immediate hearing on the status of the petition and, if necessary, temporary custody of the child.

Frequently Asked Questions

Can a parent take back a consent to adoption?

Yes, within the period the Family Law Article allows for that kind of proceeding. The revocation must be a signed writing actually delivered by mail or in person to the clerk of the circuit court designated in the consent.

Does telling the agency or the lawyer count as revoking?

Not by itself. A parent revokes only by delivering a signed writing to the clerk. If a revocation is handed to an agency's agent, the agent must deliver it promptly to the court — but the rule puts the delivery obligation on the agent, not the court's receipt in doubt.

What happens after a consent is revoked?

The court sends a copy of the revocation and a hearing notice to all parties and to the person who revoked, and schedules an immediate hearing to determine the status of the petition and, if necessary, temporary custody of the child.

Do I have to use the official consent form?

A consent signed on or after July 1, 2007 must be substantially in the applicable form printed at the end of Title 9. Which form depends on who is consenting and what kind of proceeding it is.

Source & verification. The rule text and amendment history are reproduced verbatim from the Maryland Rules, Title 9 — Family Law Actions (Md. Rule 9-102). 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: Maryland adoption consentrevoke consent to adoption Marylandconsent forms adoptionrevocation of consent clerkdisclosure veto Maryland