Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Delaware may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Delaware child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertisement
Citation: Ann. Code Tit. 13, § 930
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.
Use of Intermediaries/Facilitators
Citation: Ann. Code Tit. 13, §§ 904; 906
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.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Tit. 13, § 928
Court costs and legal fees
Birth Parent Expenses Not Allowed
Citation: Tit. 13, § 928
No other payment is allowed.
Allowable Payments for Arranging Adoption
Citation: Tit. 13, § 928
No person or organization shall receive any payment in connection with an adoption.
Allowable Payments for Relinquishing Child
Citation: Tit. 13, § 928
No biological parent shall receive any sort of payment for the placement of a child for adoption.
Accounting of Expenses Required by Court
Citation: Tit. 13, § 906(10)
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.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code Tit. 13 §§ 908
The consent to the adoption shall be granted by the Department or by the licensed or authorized agency in whom the parental rights are vested.
In the case of an adoption by a stepparent or blood relative, the consent to the adoption shall be granted by the mother of the child and the biological father and any presumed father of the child.
If the individual with the right to consent is under age 18, this fact shall not be a bar to the giving of consent nor render the consent invalid.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code Tit. 13 § 907
A child age 14 or older must provide written consent unless the court finds it in the child's best interest to waive consent.
When Parental Consent is not Needed
Citation: Ann. Code Tit. 13 § 1103(a)
The parent's consent is not required when his or her parental rights have been involuntarily terminated for one or more grounds, including:
Abandonment of the child
Inability to discharge parental duties due to mental incompetence or extended or repeated incarceration
Conviction of a felony in which a child has been harmed or endangered
A history of neglect or chronic abuse of the child or other children
When Consent Can Be Executed
Citation: Ann. Code Tit. 13 § 1106(c)
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
Citation: Ann. Code Tit. 13 § 909
In any case in which consent has been given in accordance with the provisions of § 907 of this title, 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 family court shall refer the petition to revoke and dismiss to the department or licensed agency, and the department or licensed agency shall, within 30 days,
make a formal report to the court. Promptly upon receipt of the report, the court shall rule upon the petition.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Tit. 13, § 8-402
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.
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