Delaware Adoption Laws Page1

Adoption Laws in Delaware Page1

About adoption consent

• For whom it is must to consent to adoption : Statute : Tit. 13 - §- § 908; 1106
  • In cases of adoption by the blood relative or the stepparents, consent shall be granted by the birth mother as well as father.
  • The consent have to be granted by the agency or department to whom rights are vested.

• Age required of an adoptee to consent of adoptee: Statute : Tit. 13 - § 907

  A child of age 14 years or more than that should provide a written consent to the adoption unless the court finds it in the child's best interest to waive consent.

• No need of parental consent: Statute: Tit. 13 - § 1103(a)
  • The parent is convicted of felony where a child has been harmed.
  • The parent found legally incompetent.
  • There is a history of chronic abuse or neglect.
  • The child has been abandoned.

• Execution of consent: Statute : Tit. 13 - § 1106
  • Consent may be executed prior to or after the child's birth, if given by the natural father.
  • Consent can be given any time after the child's birth by the mother.

• Consent execution is must: Statute : Tit. 13 - §- § 907; 1106(c)
  • Consent executed by a parent or guardian have to be signed or confirmed in the presence of the judges or any other designated representative.
  • If parental rights have not been previously terminated, consent have to be notarized, written and annexed to the adoption petition.

• Consent revocation : Statute : Tit. 13 - § 909
  • any person wishing to revoke consent may petition the court, within 60 days of filing the petition of consent.