Understanding the child adoption laws in Delaware can greatly increase your
chances of successfully adopting a child. Important legal concerns include the giving of support or gifts to a birth mother or birth father, fees paid to an adoption agency, attorney, or other intermediary, the legality of using an adoption facilitator,
the legal rights of the birth parents and the adopting family,
and the critical issues of a disruption and the ending the biological parental rights (called a Consent, Relinquishment or Surrender). For example,
using our most recent update, in Delaware:
*Only the department or a licensed agency may advertise in this State regarding the availability of adoption services or for the placement of a child for the purpose of adoption.
*No placement for an identified adoption in which an intermediary has been involved shall be approved. All petitions for adoption shall have attached an affidavit attesting that no intermediary assisted in locating the child.
*No biological parent shall receive any sort of payment for the placement of a child for adoption.
*An affidavit is to be attached to the adoption petition stating the service fees and other expenses paid, and attesting that no intermediary assisted in locating the child.
*A mother whose consent to the termination of parental rights is required may execute a consent only after the child is born. Consent by the father or presumed father may be executed either before or after the child is born.
*Revocation of Consent: In any case in which consent has been given and the person, department, licensed agency, authorized agency or child over age 14 giving the consent desires to withdraw the consent, he or she shall file, within
60 days from the date of the filing of the adoption petition containing the consent, a petition asking the court to revoke his or her consent and dismiss the adoption petition.
*The putative father must register in the Registry of Paternity before the birth of the child or within 30 days after the birth of the child. |