§ 4-105. Content of consent by minor's other parent

(a) A consent executed by a minor's parent who is not the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title or a person authorized to take acknowledgments.

(b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) and (d)(3) through (6) of this title, and shall state that:

(1) the parent executing the consent voluntarily and unequivocally consents to the adoption of the minor by the stepparent and the transfer to the stepparent's spouse and the adoptive stepparent of any right the parent executing the consent has to legal or physical custody of the minor;

(2) the parent executing the consent understands and agrees that the adoption will terminate his or her parental relationship to the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:

(A) the minor and any descendant of the minor will retain the rights of inheritance from or through the parent executing the consent;

(B) a court order for visitation or communication with the minor by the parent executing the consent or a person related to the minor through the minor's other parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and

(C) the parent executing the consent remains liable for arrearages of child support, unless released from that obligation by the other parent and any guardian ad litem of the minor and by a governmental entity providing public assistance to the minor; and

(3) the parent executing the consent has provided the adoptive stepparent with applicable information required by section 2-105 of this title.

(c) A consent under subsection (a) of this section may waive notice of the proceeding for adoption of the minor by the stepparent, unless the adoption is contested, appealed, or denied. (Added 1995, No. 161 (Adj. Sess.), § 1.)