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Delaware Adoption Law (Code)
Title 13:
Domestic Relations
Chapter 9: Adoption
Subchapters I: (Minors), II (Persons 18 Years of Age or Over), and III (Access to Identifying Information).
Sections 1-65.
and
Chapter 11. Termination and Transfer Of Parental Rights In Adoption Proceedings.
Sections 1- 15.
(This page was last updated on 08/02/13.)
Table of contents
901. Definitions.
902. Jurisdiction and venue; removal of petitioner from county.
903. Persons eligible to petition to adopt.
904. Placement and supervision for adoption.
905. Appeal from decision of the Department or licensed agency.
906. Contents of petition for adoption.
907. Consent requirements.
908. Right to consent.
909. Withdrawal of consent.
910. Withdrawal of petition.
911. Religious affiliation.
912. Social study and report.
913. Time for filing the adoption petition.
914. Death, divorce, annulment, separation of petitioner pending proceeding.
915. Decree of adoption.
916. Court costs.
917. Appeal.
918. Finality of decree of adoption.
919. General effect of adoption.
920. Effect of adoption on inheritance.
921. Report of vital statistics data.
922. Birth certificate.
923. Confidential nature of information; old and new birth certificates.
924. Confidential nature of Court records.
925. Inspection of Court records.
926. Receiving child into State for adoption.
927. Foreign adoptions; validity.
928. Contributions and fees.
929. Exchange of identifying information.
930. Advertising for adoption.
931. Penalties.
932. Interpretation.
Subchapter II. Persons 18 Years of Age or Over.
951. Who may adopt.
952. Contents of petition.
953. Decree of adoption.
954. Effect of adoption.
955. Record of adoption.
956. Costs.
Subchapter III. Access to Identifying Information.
961. Records.
962. Search and reunion services.
963. Immunity from liability.
964. [Transferred.]
965. Affidavits.
Subchapter I. Minors
§ 901. Definitions.
For the purposes of this chapter:
(1) "Adoptee" means a person whose birth parent's or parents' rights were terminated or who has been adopted in this State.
(2) "Adult adoptee" means an adoptee who is 18 years of age or older.
(3) "Authorized agency" means any agency duly approved, certified, recognized or licensed by the proper authority of any other state or country in which that agency is located to place children for adoption.
(4) "Birth parent" means:
a. The biological mother of a child;
b. The named father of a child who consented to the termination of his parental rights; or
c. The father whose paternity is presumed pursuant to Chapter 8 of this title.
(5) "Child" means any male or female who has not attained his or her eighteenth birthday.
(6) "Department" means the Department of Services for Children, Youth and Their Families of this State.
(7) "Identified adoption" means an adoption in which the birth parents and adoptive parents first know each other, without the services or assistance of an intermediary, and then seek placement or adoption services from the Department, a licensed agency or an authorized agency.
(8) "Identifying information" means any data, including that described in § 929 of this title, that can distinguish a party to the adoption from the general public, and shall include, for purposes of subchapter III of this chapter, the full name, full address and birth date of the birth parent or parents and birth sibling or siblings, if any, as well as any other known names and addresses used
by the birth parent or parents, birth sibling or siblings or the adoptee.
(9) "Intermediary" means any person for compensation and in his or her professional capacity, firm, corporation, organization or other legal entity, except the Department or a licensed agency, which in any way acts, or offers to act, as a link between a birth parent and an adoptive family in any proposed placement of a child or any person who receives remuneration for so acting or offering to act.
(10) "Legally free" means that there has been a prior termination or transfer of parental rights by judicial order.
(11) "Legally separated" means any person or persons who, by a decree of the appropriate court of any other state of the United States, other than a decree of absolute divorce, entered in accordance with the laws of that state, has been accorded the right to reside separate and apart from his or her spouse, or is a party to a decree of divorce from bed and board or its equivalent.
(12) "Licensed agency" means any agency granted a license by the Department to provide adoption services in the State.
(13) "Original birth certificate" means the certificate issued at the time of birth of the child which contains identifying information regarding birth parents and the child's full name at birth and which may provide such details as the time and place of birth.
(14) "To place" includes any of the following activities, each of which may be performed only by the Department, a licensed agency or an authorized agency: The selection of an approved family for the child; the arrangement for the child's move into an adoptive home; or the relocation of the child with an adoptive family.
§ 902. Jurisdiction and venue; removal of petitioner from county.
(a) Family Court shall have jurisdiction of proceedings under this chapter.
(b) A petition for adoption shall be filed either in the Family Court of the county in which the licensed or authorized agency placing the child is located,
or the Family Court of the county in which the petitioner resides.
(c) In any case in which, before the proposed adoption has been finally approved or disapproved, the petitioner or petitioners move into a county other
than the county in which the original petition was filed, or into another jurisdiction, the Family Court of the county in which the petition was originally
filed may continue to exercise jurisdiction over the proceeding until a final decision has been rendered on the petition.
(d) Whenever the Family Court shall assume jurisdiction for the purposes of terminating parental rights over a child, it shall be deemed to have retained
jurisdiction for the purposes of proceeding under this chapter for the adoption. § 903. Persons eligible to petition to adopt.
An unmarried person or a husband and wife jointly, who are not legally separated or who are not living apart from each other, or a divorced
or legally separated person, being a resident of the State at the time of filing the petition or with whom a child has been placed for adoption under §
904 of this title, and being over 21 years of age, may petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child
not his, hers or theirs. Nothing herein shall in any way affect the right of any person to adopt a person who has reached age 18 as provided in subchapter
II of this chapter. § 904. Placement and supervision for adoption.
(a) No petition for adoption shall be presented unless prior to the filing of the petition the child sought to be adopted has been placed
for adoption by the Department, a licensed agency or an authorized agency, and the placement has been supervised by the Department or a licensed agency,
but no such placement or supervision shall be necessary in the case of:
(1) A child sought to be adopted by a stepparent;
(2) A child sought to be adopted by a blood relative, except as provided in § 926 of this title;
(3) A child sought to be adopted by a guardian or permanent guardian so long as guardianship or permanent guardianship has been granted for at least 6 months prior to filing the adoption petition.
(b) No placement for an identified adoption in which an intermediary has been involved shall be approved or permitted by the Department or a licensed agency.
(c) No child shall be placed for adoption in this State pursuant to § 926 of this title unless the placement is approved and supervised
by the Department or a licensed agency.
(d) When the prospective adoptive parents are legal residents of the State, but live elsewhere, the approval and supervision required by this section shall
be provided by an authorized agency located in close proximity to the family, as will the social report required by § 912 of this
title.
(e) An adoptive placement shall not be made until a preplacement evaluation that complies with the Delaware Requirements for Child Placing Agencies has
been completed by the Department or licensed agency.
§ 905. Appeal from decision of the Department or licensed agency.
In any case where the Department or a licensed agency refuses to place a child for adoption when requested by the parent of the child,
or refuses the request of any person that a child be placed with him or her for adoption, or terminates any placement prior to adoption contrary to the
wishes of the birth parent or prospective adoptive parent of the child, the decision of the Department or a licensed agency in so refusing or so terminating
shall be final unless within 30 days after notice of refusal or termination, the birth parent or proposed adoptive parent shall appeal to the Family Court
of the county in which the adoption is proposed. The Department or licensed agency shall not remove a child who is legally free for adoption from an adoptive
placement prior to the adoption without good cause. § 906. Contents of petition for adoption.
The petition shall state:
(1) The name, address and marital status of the petitioner or petitioners;
(2) The sex and date of birth of the child whose adoption is sought;
(3) The relationship of the petitioner to the child;
(4) The name of the person, persons or organization legally qualified to consent to the adoption and the basis for the existence in such person, persons
or organization of the right to so consent;
(5) The date of the child's placement in the adoptive home, or, in the case of a child to be adopted by a stepparent, the date of the marriage of the stepparent
and the child's natural parent;
(6) The name to be assumed by the child upon adoption;
(7) If, in the case of an adoption by a stepparent or blood relative, there has not been a prior legal termination of parental rights, the petition shall
also include:
a. The name and residence of the mother and natural father or any presumed father, as defined in Chapter 8 of this title, of the child whose adoption is
sought. If either or both parents are deceased, a statement to that effect, with a certified copy of the death certificate(s) attached.
b. The mother's marital status at the time of the child's conception and birth. In the event that the mother was not married at the time of the child's
conception or birth, or in the event that she was married at the time of the child's conception or birth but her husband at those times is not the child's
natural father, an affidavit by the mother setting forth either:
1. The name and last known address of the natural father; or
2. A statement that the mother knows the name of the natural father but is unwilling to disclose the name of the natural father; or
3. A statement that the mother does not know the name of the natural father; or
4. The name of the natural father, and a statement that the mother has never known his address.
c. In the case of a stepparent adoption where the petitioner is the wife of the alleged natural father and the child to be adopted has been born out of
wedlock to the father and another woman, evidence of paternity blood testing which does not exclude the alleged natural father.
(8) In the case of a child being brought into this State from another state or country for adoption in this State, proof of compliance with all requirements
of the Interstate Compact on the Placement of Children, as set out in Chapter 3 of Title 31, relating to such placement.
(9) After execution of the petition by the petitioner or petitioners, there shall be attached so as to preserve the confidential nature of the information
contained therein, as required by § 923 of this title, the exhibits set out in sub-subdivisions a., b. and c. of subdivision (7);
provided, however, that confidentiality is not required in the case of a petition by a stepparent or blood relative or where the birth parent(s) and adoptive
parent(s) have exchanged identifying information as provided in § 929 of this title and copies of the written agreements required
thereunder are attached:
a. The birth certificate of the child.
b. The legal name of the child whose adoption is being sought.
c. All required consents, or facts justifying the absence of consent, or a certified copy of the Court order terminating or transferring parental rights.
(10) All petitions for adoption filed shall have attached thereto affidavits of the petitioners stating the amount of the service fee charged by all agencies
and any other expenses paid by the adopting family in the adoption process, and attesting that no intermediary assisted in locating the child.
§ 907. Consent requirements.
(a) A petition for adoption shall contain a consent to the proposed adoption. The consent shall be in writing, notarized and attached
to the petition as an exhibit. If consent is obtained or given outside this State, it must be executed in accordance with this section and §
908 of this title.
(b) A written consent to adoption, duly acknowledged, must be given by any child 14 years of age or over unless the Court, upon further investigation or
inquiry, deems it to be in the best interest of the child that such consent be waived. Such consent, when obtained, shall be attached to the petition as
an exhibit thereto. § 908. Right to consent.
(a) Except in the case of an adoption by a stepparent or blood relative, no petition for adoption shall be filed unless the child to
be adopted is legally free for adoption. 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.
(b) In the case of an adoption by a stepparent or blood relative, the consent to the adoption shall be granted as follows:
(1) By mother of a child; and
(2) The biological father and any presumed father of a child; provided, however, that the consent of the alleged biological father or presumed father need
not contain an admission that he is the father. In the event that the named biological or presumed father disclaims paternity, an affidavit signed by him
to that effect shall be attached to the petition in lieu of a consent from the natural or presumed father. It is further provided that in the event of a
petition containing statements described in § 906(7)b.(ii), (iii) or (iv) of this title, after a hearing in which it is established
on the record that the mother and father of the child are not living together as husband and wife openly and that they have not done so nor married since
the birth of the child, the Court may, following consideration of the social report, dispense with the requirement of the father's consent in compliance
with § 932 of this title.
(3) If, in the case of an adoption by a stepparent or blood relative, any person from whom consent is required is deceased, a certified copy of the death
certificate of such person shall be filed with the petition in lieu of consent.
(c) If the individual in whom the right to consent exists is under the age of 18 years, this fact shall not be a bar to the giving of consent nor render
the consent when given invalid. § 909. Withdrawal of consent.
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 of the reference, make a formal report thereon to the Court. Promptly upon receipt of the report, the Court shall rule upon
the petition to revoke and dismiss. § 910. Withdrawal of petition.
In any case in which the petition to adopt is withdrawn, the Court may order the removal of the child from the prospective adoptive
home if, in the opinion of the Court, such removal is in the best interest of the child. If such a removal is ordered, the Court shall include in the order
a grant of authority to the Department or to a licensed agency to make the removal and to provide for the future disposition of the child. § 911. Religious affiliation.
(a) If either natural parent, in a notarized statement made prior to the placement for adoption, specifies the religion in which he
or she desires the child to be raised, the Department or licensed agency shall make placement in accordance with such statement. If the natural parents
declare indifference to the religion in which the child should be reared, or if their religion is not known, or if there is none, then the Department or
licensed agency shall make placement without regard to religion.
(b) If the proposed adoptive parent is a stepparent or blood relative, there shall be no restriction regarding the religious affiliation.
(c) Whenever the provisions as set forth in subsection (a) of this section appear to create a hardship for the child to be adopted in obtaining a suitable
and prompt placement, the Family Court, in its discretion, may waive these requirements in the best interest of the child. § 912. Social study and report.
(a) Upon the filing of a petition for adoption, the Judge of the Family Court in which the petition has been filed, after determining
that the petition has been properly filed and that the petitioner or petitioners are eligible to adopt under this chapter, shall order a social study report
by the Department or licensed agency or authorized agency unless the report was filed with the petition.
(b) The report shall include:
(1) Information regarding the child, its background, its eligibility for adoption;
(2) Information regarding the adoptive parent or parents, and the proposed adoptive home;
(3) Information regarding the physical and mental condition of the child;
(4) Information regarding the suitability of the placement;
(5) A statement as to whether all requirements of this chapter have been complied with;
(6) In stepparent/relative cases, a statement that the birth parent whose parental rights are being terminated has been advised of the right to file an
affidavit as provided by subchapter III of this chapter;
(7) A recommendation.
(c) If the placement is made by the Department or licensed agency, the report shall be rendered within 60 days from the receipt of the order for the report
unless the report is filed with the petition for adoption. In the case of adoption by a stepparent or blood relative, the report is to be rendered within
60 days following the completion of the social study, and shall include a statement of the cost of the study.
(d) If the Court orders any further social investigation or any supplement of the social report, any such investigation shall be conducted and a supplement
shall be prepared by the Department or the licensed or authorized agency party to the proceedings. § 913. Time for filing the adoption petition.
(a) A petition for adoption may be filed when the requirements of § 904 of this title have been met, the child
is legally free for adoption, and the adoptive placement of the child has been supervised for a period of 6 months by the Department or licensed agency.
(b) In the case of a child to be adopted by a stepparent or a blood relative, the petition for adoption shall be filed only after the child has resided
in the home of the petitioner for at least 1 year; except that, on recommendation of the Department or licensed agency, a petition may be filed after 6
month's continuous residence of the child in the petitioner's home. In the case of adoption by a stepparent or blood relative, it is not necessary that
the child be legally free prior to the filing of the petition. § 914. Death, divorce, annulment, separation of petitioner pending proceeding.
(a) In the event of the death of a sole petitioner, or of both petitioners, the proceedings shall abate and the petition shall be dismissed.
(b) When, after a petition for adoption has been filed, 1 of 2 petitioners dies, or as a result of divorce, annulment or separation, legal or otherwise,
the petitioners would no longer be qualified to petition jointly, the proceedings shall be stayed. The Family Court in which the petition was originally
filed shall then decide on the basis of a report to be obtained by it from the Department or licensed agency, whether the proceedings shall continue or
whether the petition should be dismissed. § 915. Decree of adoption.
(a) Within 60 days from the date of the receipt by the Court of the report, the Court shall render a decision upon the petition. If
the Court is of the opinion that the petitioner or petitioners are qualified properly to maintain, care for and educate the child, that the child is suitable
for adoption and that the best interest of the child will be promoted by the adoption, a decree of adoption shall be entered. If the Court is of the opinion
that such a decree should not be entered, it shall notify the petitioner or petitioners and, if requested by any petitioner, it shall order a hearing to
which all interested parties shall be duly summoned, and, based upon the report and evidence adduced at the hearing, the Court shall issue its decree granting
or refusing the prayer of the petitioner.
(b) At any time after the report has been filed but prior to the Court's rendering a decision, the Court may order the removal of the child from the proposed
adoptive home if, in the opinion of the Court, such removal is in the best interest of the child. If such a removal is ordered, the Court shall include
in the order a grant of authority to the Department or to a licensed agency, to make the removal and to provide for the future disposition of the child.
(c) The decree of adoption shall state:
(1) The name by which the child is henceforth to be known;
(2) The sex and age of the child;
(3) The name of the child at the time the petition was filed.
(d) Upon the entry of a decree of adoption the Clerk of Court shall issue to the adopting parent or parents a certificate of adoption stating the date of
the decree, the age and sex of the child, the name by which the child is henceforth to be known, and the names of the adopting parent or parents. Neither
the original name of the child nor the names of the birth parents shall be included in the certificate of adoption. § 916. Court costs.
The costs in all cases of adoption under this chapter shall be taxed by the Court on the person or persons filing the petition, and
they shall pay the same to the Clerk of Court. § 917. Appeal.
(a) Appeal from any order or decree entered in any adoption proceedings shall lie to the Supreme Court. No appeal shall lie from any
order or decree involving proceedings for adoption unless taken within 30 days from the date of such order or decree.
(b) The Department, licensed agency or any person party to the proceedings may file such appeal.
(c) In any case in which the effect of the decision of the Supreme Court, on appeal, is to deny the petition for adoption, the Supreme Court shall remand
the cause to the Family Court for a determination as to whether or not the child shall remain in the proposed adoptive home. If a removal is ordered, the
Family Court shall include in the order a grant of authority to the Department or a licensed agency to make the removal and to provide for the future disposition
of the child. § 918. Finality of decree of adoption.
Upon the expiration of 6 months from the date of the entry of the decree of adoption, any irregularities in the proceedings shall be
deemed cured, and the validity of such decree shall not thereafter be subject to attack either through collateral or direct proceedings. § 919. General effect of adoption.
(a) Upon the issuance of the decree of adoption, the adopted child shall be considered the child of the adopting parent or parents,
entitled to the same rights and privileges and subject to the same duties and obligations as if he or she had been born to the adopting parent or parents.
(b) Upon the issuance of a decree of adoption, the adopted child shall no longer be considered the child of his or her birth parent or parents and shall
no longer be entitled to any of the rights or privileges or subject to any of the duties or obligations of a child with respect to the birth parent or parents;
but, when a child is adopted by a stepparent his or her relationship to his or her birth parent who is married to the stepparent shall in no way be altered
by reason of the adoption. § 920. Effect of adoption on inheritance.
(a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from its natural parent or parents
and from their collateral or lineal relatives. The rights of the natural parent or parents or their collateral or lineal relatives to inherit from such
child shall cease upon the adoption.
(b) Upon the issuance of a decree of adoption, the adopted child shall acquire the right to inherit from its adoptive parent or parents and from the collateral
or lineal relatives of such adoptive parent or parents, and the adoptive parent or parents and the collateral or lineal relatives of the adoptive parent
or parents shall at the same time acquire the right to inherit from the adopted child.
(c) Nothing contained in this section shall limit in any way the right of any person to provide for the disposition of his or her property by will. The
rights of a child adopted after the making of a will by the adopting parent or parents shall be the same as the rights of an after-born child, as prescribed
in § 301 of Title 12. When the adopting parent is a stepparent, married to the birth or legal parent, nothing contained in this section
shall affect the rights of inheritance between the child and the birth or legal parent or their collateral or lineal relatives. § 921. Report of vital statistics data.
(a) Upon the entry of a decree of adoption, the Clerk of the Family Court shall forward to the Department of Health and Social Services,
Office of Vital Statistics, a report on the form provided for this purpose, which shall include the following information:
(1) Prior legal name of the child and his or her sex;
(2) Date and place of birth of the child;
(3) Name of the father as stated on the original birth certificate, if stated;
(4) If applicable, that father's primary address and Social Security number;
(5) Maiden name of birth mother;
(6) Birth mother's primary address and Social Security number;
(7) Child's name after adoption;
(8) Name of adoptive father, place and date of his birth, and his occupation;
(9) Maiden name of adoptive mother, place and date of her birth, and her occupation; and
(10) Address of adoptive parents.
(b) If the adoptive child was born in another state, the Clerk of the Family Court in which the order was entered shall forward the same information to
the Bureau of Vital Statistics, or like agency, in the state of the child's birth. § 922. Birth certificate.
(a) If a child born in this State is adopted in this State or in another state, the State Registrar shall file a new certificate of
birth upon receipt of a certified copy of the decree of adoption from the proper authorities of the state in which the adoption took place.
(b) If the adopted child was born outside this State, and a certificate of birth cannot be secured from the place of birth, the State Registrar may file
and issue a special birth certificate as herein provided, upon receipt from the agency responsible for the adoption of evidence of the birth, considered
satisfactory by the Registrar. § 923. Confidential nature of information; old and new birth certificates.
(a) Except as provided in subchapter III of this chapter, all information regarding any adoption which is furnished to any State Registrar
shall be confidential and not open to public inspection. The names of the biological or previous legal parent or parents or the former name of the child
shall not be furnished to the adoptive parents, nor shall the name of the adoptive parents be furnished to the biological or previous legal parent or parents
and, after the entry of the decree of adoption, the original record of birth shall be impounded and all birth certificates shall be issued in the adoptive
name only, if a new name has been assumed, and shall contain no reference to the former name or background or the fact of adoption.
(b) Notwithstanding any other provision in the Delaware Code to the contrary, an adoptee 21 years of age or older may obtain a copy of his or her original
record of birth from the State Registrar pursuant to § 3110(b) of Title 16, even if that record has been impounded. This section shall
not apply if the birth parent has, within the most recent 3 year period, filed a written notarized statement with the Department of Health and Social Services
Office of Vital Statistics denying the release of any identifying information.
(c) If an adoptee 21 years of age or older seeks vital records about any event occurring before January 18, 1999, the Office of Vital Statistics shall consult
Family Court to determine whether there is an affidavit on file expressing a desire by either birthparent to keep information about the adoption confidential.
(1) If there is an affidavit on file with Family Court authorizing the release of information, the Office of Vital Statistics shall request a copy of the
affidavit and, upon receipt of the affidavit, release the authorized records.
(2) If there is an affidavit on file with Family Court denying the release of information, or if there is no affidavit on file with Family Court, the Office
of Vital Statistics shall send notice, as described below, by United States mail to the birthparent(s).
a. The Office of Vital Statistics shall search a computerized telephone or address database, as well as Delaware's Division of Motor Vehicles and voter
records in order to determine the most likely address of the birthparent. Such notice shall be sent to that address. If no current address is available,
then notice shall be sent to the last known address for the birthparent(s). Such notification shall be mailed within 30 days from when the adoptee requested
release of the records.
b. The Office of Vital Statistics shall notify the birthparent(s) of the legal requirements for maintaining confidentiality and shall provide them with
the appropriate forms. The Office of Vital Statistics shall also advise the birthparents(s) that in the event that a written notarized statement denying
the release of information is not received within 35 days from the date of the mailing of the notification required in subparagraph a. of this subsection
then the Office of Vital Statistics will release the records to the adoptee.
1. If the Office of Vital Statistics receives a written notarized statement denying the release of information, then it shall not release the records.
2. If no such written statement is received within 35 days from the date of the mailing of the notification required in subparagraph a. of this subsection
or if the birthparent(s) specifically authorizes release, then the Office of Vital Statistics shall release the records to the adoptee. § 924. Confidential nature of Court records.
Except as provided in subchapter III of this chapter, all court records of any adoption shall be treated as strictly confidential and
shall be kept by the Clerk of the Court in a sealed container which shall be opened only upon the order of the Judge of Family Court concerned. Nothing
in this section shall be construed in such a way as to restrict the Department or licensed agency from releasing nonidentifying information in its records
to any of the parties to the adoption. Except as otherwise provided in § 929 and subchapter III of this title, identifying information,
such as names and addresses, shall not be released except by order of the Court or with the consent of all the parties involved when it is deemed by the
agency to be in the adoptee's best interest, except in cases where the adopted individual's health or the health of any blood relative of the adopted individual
is concerned and the adoption agency has refused to release the health information to the individual, the Court may, through petition by the adopted individual,
permit the party to inspect only that part of the adoption agency or Court record containing medical information for health reasons. The Court shall order
open to inspection by the individual the part of the record containing the needed medical information if the Court finds that any medical information in
the Court or adoption agency record of the individual's adoption is needed for the health of the individual or of any blood relative of the individual.
This section shall apply to information as to the identification and location of any biological sibling of the individual if the individual's health or
the health of any blood relative of the individual depends on the sibling's participation in any medical treatment. If Family Court receives a report stating
that a birth parent, another offspring of the birth parent or the adoptee has a genetically transmitted disorder or a family pattern of a disease, Family
Court shall instruct the agency that was involved with the adoption or the termination of parental rights to conduct a diligent search for the adult adoptee,
adoptive parents of a minor adoptee or birth parent(s) to inform them of the report. § 925. Inspection of Court records.
Except as provided in subchapter III of this chapter, anyone wishing to inspect any of the papers filed in connection with any adoption
shall petition the Judge of the Family Court concerned setting forth the reasons for the inspection. The Judge shall refer the petition to the Department
or licensed agency for investigation and recommendation. If in the opinion of the Court, the information is necessary, and the interest of the adopted individual,
the biological or previous legal parent or parents or of the adoptive parents will not be prejudiced by its disclosure, the Court shall issue an order permitting
the release of the information and setting forth the terms under which it shall be released. § 926. Receiving child into State for adoption.
No child shall be brought or received into the State for the purpose of adoption without the approval of the Department, pursuant to
§ 381 of Title 31. No petition for adoption of a child brought or received into this State in violation of this section shall be presented
or granted. § 927. Foreign adoptions; validity.
(a) Adoptions finalized by a Court with appropriate jurisdiction in a foreign country or in another state or territory of the United
States shall be valid in this state provided that the final adoption decree was issued in full accord with the adoption laws of that foreign country or
that state or territory, and that the child was not brought into this State until after the finalization of adoption.
(b) No adoption proceeding or order therein which occurs in a foreign country or in another state or territory of the United States shall be valid or recognized
by any court in this State as respects persons who are residents of this State where a child is brought into this State prior to the finalization of the
adoption, unless the adoption proceedings shall be in substantial compliance with the adoption laws of this State. This subsection shall not apply to any
adoption proceedings or order therein initiated in a foreign country or in another state or territory of the United States as respects persons who are not
residents of this State at the time of the commencement of such adoption proceedings.
(c) Adoptive parents seeking an order certifying the validity of their foreign adoption decree shall file the decree with the Family Court in the county
in which they reside. An affidavit shall be filed with the decree indicating that the decree was issued in accordance with the laws of the issuing jurisdiction
and that the adopted child was not brought into Delaware until the adoption was finalized. Also included in the affidavit shall be the name by which the
child is henceforth to be known. The Court shall review the affidavit, decree and other documents, and if the adoption meets the requirements of this section,
the Court shall issue an order certifying the validity of the adoption including the child's American name. § 928. Contributions and fees.
(a) No biological parent of any child whose adoption is proposed shall receive any contribution, fee or emolument of any sort from any
person or organization having any connection or association with the placement of the child for adoption or with the adoption.
(b) No person or organization who is in any way connected with an adoption shall receive any remuneration in connection therewith, except for court costs
and legal services; provided, however, that the Department, licensed agency or authorized agency may charge a service fee for each adoption in an amount
not exceeding the cost of services rendered, to be paid by the adopting parent or parents. The amount of any such fee shall be made a part of the petition
as provided in § 906(10) of this title.
(c) The Department, in its discretion in accordance with federal law and the regulations and interpretations thereof, may award subsidy moneys to the adoptive parent of a child who was in Department custody prior to the adoption petition being filed. The amount and duration of the subsidy shall be in the sole discretion of the Department.
§ 929. Exchange of identifying information.
(a) As part of the adoption planning and placement process, the Department or licensed agency may provide, when in the best interest
of the child, identifying information to the birth parent(s) and to the adoptive parent(s) as follows:
(1) In the preplacement planning of adoption for children, identifying information shall be limited to the viewing of photographs, provided that such viewing
is with the consent of birth parent(s) and adoptive parent(s) and further provided that no additional identifying information is contained in the photographs;
(2) After the placement selection process has been completed, and prior to the finalization of the adoption, identifying information may include, but is
not limited to, the exchange of names, addresses, photographs and face-to-face meetings, provided that:
a. The birth parent(s) and adoptive parent(s) request the exchange of identifying information in writing; and
b. Birth parent(s) and adoptive parent(s) and the Department or licensed agency agree to the exchange of identifying information as specified in writing;
and
c. The birth parent(s) and adoptive parent(s) acknowledge in writing their understanding that no legal right of or assurance of continuing contact after
finalization of the adoption exists; and
d. The birth parent(s) and adoptive parent(s) acknowledge in writing and under oath that there has been no violation of § 928 of this
title.
(3) Written consent to the exchange of identifying information, duly acknowledged, must be given by any child 14 years of age or over unless the Department
or licensed agency deems it to be in the best interest of the child that such consent be waived.
(b) The Department or licensed agency may participate in the exchange of identifying information after the finalization of the adoption only with the agreement
of the parties required to consent in accordance with subchapter III of this chapter or an order of the Court. § 930. Advertising for adoption.
No natural parent or prospective adoptive parent, nor anyone acting on behalf of such natural or prospective adoptive parent, and no
person, firm, corporation, organization or other legal entity, except the Department or a licensed agency, shall advertise in this State regarding the availability
of adoption services or for the placement of a child for the purpose of adoption. § 931. Penalties.
Except as provided in this subchapter, whoever places a child in this State for the purpose of adoption, brings or receives a child
from outside this State into this State for the purpose of adoption, advertises in this State regarding adoption services or for the placement of a child
for the purpose of adoption, or acts as an intermediary for the purpose of adoption, shall be fined not more than $5,000, or shall be imprisoned not more
than 5 years, or both. § 932. Interpretation.
This chapter is designed to achieve without undue delay the paramount objectives of the best interest of the child, and all questions
of interpretation shall be resolved with that objective in mind. Where there appears to be a conflict between the best interest of the parent(s) and the
child, the best interest of the child shall prevail. Subchapter II. Persons 18 Years of Age or Over
§ 951. Who may adopt.
Any person, or any husband and wife jointly, desiring to adopt any person or persons upwards of 18 years of age, shall file a petition in the Family Court of the county in which the petitioner or the person to be adopted resides
§ 952. Contents of petition.
The petition shall state the name, sex and date of birth of the person or persons whose adoption is sought and that the petitioner or petitioners desire to adopt such person or persons. The petition shall be signed by the petitioner or petitioners.
§ 953. Decree of adoption.
If the petition complies with the requirements of §§ 951 and 952 of this title, and if the person or persons to be adopted appear in court and consent to the adoption, the Family Court may render a decree ordering the issuance of a certificate of adoption to the petitioner or petitioners. The decree shall state the sex, age and the name by which the person or persons adopted shall thereafter
be known.
§ 954. Effect of adoption.
Upon the issuance of the decree of adoption and forever thereafter, all the duties, rights, privileges and obligations recognized by law between parent and child shall exist between the petitioner or petitioners and the person or persons adopted, as fully and to all intents and purposes as if such person or persons were the lawful and natural offspring or issue of the petitioner or petitioners.
§ 955. Record of adoption.
The Clerk of Court shall file the petition and all papers pertaining thereto among the records of the Court, and shall record in the record book in which the record of other adoptions is kept all the proceedings in such case, together with the decree of the Court, which record or a duly certified copy thereof shall be evidence.
§ 956. Costs.
The costs shall be taxed by the Court on the petitioner or petitioners.
Subchapter III. Access to Identifying Information
§ 961. Records.
As of January 1, 1995, all adoption records presently maintained in the Prothonotary's Office shall be transferred to Family Court for
permanent retention. § 962. Search and reunion services.
(a) An adoptee 21 years of age or older who has obtained a copy of a vital record under § 3110 of Title 16 may
request that a licensed adoption agency assist in locating any of the following:
(1) Either or both birth parents;
(2) If a birth parent is deceased, siblings (full or half) of the birth parent;
(3) Birth siblings (full or half) of the adoptee.
(b) When a licensed adoption agency locates an individual sought by an adoptee 21 years of age or older, the agency will advise the located individual of
the right to make a no-contact declaration. If a no-contact declaration is made either verbally to a licensed adoption worker or in a writing filed with
the agency, the agency will so advise the adoptee and no further assistance will be provided. If a no-contact declaration is not expressed, the agency shall
immediately advise the searching adoptee of the located individual's current name, address, and telephone number.
(c) If requested, the agency shall provide counseling or intermediary services, or both, to the searching adoptee or the located individual, or to both. § 963. Immunity from liability.
Any person or agency, including the State or any governmental subdivision of this State, who participated in good faith in any requirement
of this subchapter, shall have immunity from any liability, civil or criminal, that results from such person's or agency's actions. In any proceeding, civil
or criminal, the good faith of any person participating in the requirement of this subchapter shall be presumed. § 964. Immunity from liability.
Transferred.
§ 965. Affidavits.
Repealed by 71 Del. Laws, c. 481, § 6, eff. Jan. 18, 1999.
CHAPTER 11. TERMINATION AND TRANSFER OF
PARENTAL RIGHTS IN ADOPTION
PROCEEDINGS
1101. Definitions.
1102. Jurisdiction and venue.
1103. Grounds for termination of parental rights [Contingent amendment expiration effective July 9, 2006. See notes].
1104. Persons eligible to petition for termination of parental rights.
1105. Contents of petition.
1106. Consent requirements; waiver of notice.
1106A. Contents of consent to terminate and transfer parental rights.
1106B. Revocation of consent to termination and transfer of parental rights.
1107. Time for hearing; preparation of social report.
1107A. Notice of hearing to terminate and transfer parental rights.
1108. Order of termination and transfer of parental rights.
1109. Petition for transfer of parental rights of deceased parents.
1110. Appeals.
1111. Court costs.
1112. Confidential nature of Court records.
1113. Effect of termination of parental rights.
1114. Placement for adoption.
1115. Interpretation.
§ 1101. Definitions.
(1) "Abandoned" shall be interpreted as referring to a basis for termination of parental rights as described in §
1103(a)(2) of this title.
a. A minor who has not attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent has
failed to:
1. Make reasonable and consistent payments, in accordance with the respondent's financial means, for support of the minor; and
2. Visit regularly with the minor; and
3. Manifest the ability and willingness to exercise parental responsibilities if, during this time, the minor was not in the physical custody of the other
parent.
b. A minor who has not attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent has
manifested the unwillingness to exercise parental rights and responsibilities, as evidenced by the respondent's placing the minor in circumstances which
leave the minor in substantial risk of injury or death.
c. A minor who has attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent, for a
period of at least 6 consecutive months immediately preceding the filing of the petition, has failed to:
1. Make reasonable and consistent payments, in accordance with the respondent's financial means, for support of the minor; and
2. Communicate or visit regularly with the minor; and
3. Manifest the ability and willingness to exercise parental responsibilities if, during this time, the minor was not in the physical custody of the other
parent.
The respondent's act of abandonment cannot be cured by subsequent conduct. No present intent to abandon the minor need be proved by the petitioner.
(2) "Authorized agency" means any agency duly approved, certified, recognized or licensed by the proper authority of any other state in which
that agency is located to place children for adoption.
(3) "Child" means any male or female who has not attained his or her 18th birthday.
(4) "Court" shall mean the Family Court of the State.
(5) "Department" means the Department of Services for Children, Youth and Their Families of this State.
(6) "Father" means the biological or adoptive male parent of the child.
(7) "Infant" means any child who is less than 6 months of age.
(8) "Licensed agency" means any agency granted a license by the Department to place children for adoption.
(9) "Mentally incompetent" shall be interpreted as referring to a parent who is unable to discharge parental responsibilities by reason of mental
illness, psychopathology, mental retardation or mental deficiency.
(10) "Parental responsibilities" means the care, support and control of the child in a manner that provides for the child's necessary physical
needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.
(11) "Presumed father" means any man who is assumed to be the father of a child in accordance with Chapter 8 of this title. § 1102. Jurisdiction and venue.
(a) The Family Court shall have jurisdiction of proceedings under this chapter to terminate parental rights.
(b) A petition for termination of parental rights may be filed in the Family Court of any of the following counties:
(1) The county in which at least 1 parent resides;
(2) The county in which the organization having legal or physical care, custody or control of the child is located;
(3) The county in which the child is located.
(c) Whenever the Family Court shall assume jurisdiction for the purposes of this chapter, it shall be deemed to have retained jurisdiction for the purpose
of proceeding under Chapter 9 of this title relating to adoption. § 1103. Grounds for termination of parental rights [Contingent amendment expiration effective July 9, 2006. See notes].
(a) The procedure for termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected,
for the purpose of providing for the care of the child by some other plan which may or may not contemplate the continued possibility of eventual adoption,
may be initiated whenever it appears to be in the child's best interest and that 1 or more of the following grounds exist:
(1) The parent or parents of a child, or the person or persons or organization holding parental rights over such child, desires to relinquish such parental
rights for the purpose of adoption;
(2) The child has been abandoned.
a. The Court may order a termination of parental rights based upon abandonment if the Court finds that the following occurred and that the respondent intended
to abandon the child:
1. In the case of a minor who has not attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the
respondent has failed to:
A. Pay reasonable prenatal, natal and postnatal expenses in accordance with the respondent's financial means;
B. Visit regularly with the minor; and
C. Manifest an ability and willingness to assume legal and physical custody of the minor, if, during this time, the minor was not in the physical custody
of the other parent;
2. In the case of a minor who has attained 6 months of age at the time a petition for termination of parental rights is filed, the respondent, for a period
of at least 6 consecutive months in the year preceding the filing of the petition, has failed to:
A. Communicate or visit regularly with the minor; and
B. Manifest an ability and willingness to assume legal and physical custody of the minor, if, during this time, the minor was not in the physical custody
of the other parent; or
3. In the case of a minor who has not attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the
respondent has manifested the unwillingness to exercise parental rights and responsibilities, as evidenced by the respondent's placing the minor in circumstances
which leave the minor in substantial risk of injury or death.
b. In cases in which no finding of intent to abandon has been made, the Court may order a termination of parental rights based upon abandonment if the Court
finds that the respondent, for a period of at least 12 consecutive months in the 18 months preceding the filing of the petition, has failed to:
1. Communicate or visit regularly with the minor;
2. File or pursue a pending petition to establish paternity or to establish a right to have contact or visitation with the minor; and
3. Manifest an ability and willingness to assume legal and physical custody of the minor, if during this time, the minor was not in the physical custody
of the parent;
and if the Court finds that one of the following grounds exists:
1. If the minor is not in the legal and physical custody of the other parent, the respondent is not able or willing promptly to assume legal and physical
custody of the minor, and to pay for the minor's support, in accordance with the respondent's financial means;
2. If the minor is in the legal and physical custody of the other parent and a stepparent, and the stepparent is the prospective adoptive parent, the respondent
is not able or willing promptly to establish and maintain contact with the minor and to pay for the minor's support, in accordance with the respondent's
financial means;
3. Placing the minor in the respondent's legal and physical custody would pose a risk of substantial harm to the physical or psychological well-being of
the minor because the circumstances of the minor's conception, the respondent's behavior during the mother's pregnancy or since the minor's birth, or the
respondent's behavior with respect to other minors, indicates that the respondent is unfit to maintain a relationship of parent and child with the minor;
or
4. Failure to terminate would be detrimental to the minor. In determining whether a failure to termination would be detrimental to the minor, the court
shall consider any relevant factor, including the respondent's efforts to obtain or maintain legal and physical custody of the minor, the role of other
persons in thwarting the respondent's efforts to assert parental rights, the respondent's ability to care for the minor, the age of the minor, the quality
of any previous relationship between the respondent and the minor and between the respondent and any other minor children, the duration and suitability
of the minor's present custodial environment and the effect of a change of physical custody on the minor.
c. The respondent's act of abandonment cannot be cured by subsequent conduct.
d. Abandonment of a baby as provided in § 907A of Title 16 shall be final 30 days after such abandonment, and such abandonment shall be:
1. The surrendering person's irrevocable consent to the termination of all parental rights, if any, of such person on the ground of abandonment; and
2. The surrendering person's irrevocable waiver of any right to notice of or opportunity to participate in any termination of parental rights proceeding involving such child, unless such surrendering person has manifested an intent to exercise parental rights and responsibilities within 30 days of such abandonment.
(3) The parent or parents of the child or any person or persons holding parental rights over such child are found by the Court to be mentally incompetent
and, from evidence of 2 qualified psychiatrists selected by the Court, found to be unable to discharge parental responsibilities in the foreseeable future.
The Court shall appoint a licensed attorney as guardian ad litem to represent the alleged incompetent in the proceeding; or
(4) The respondent has been found by a court of competent jurisdiction to have:
a. Committed a felony level offense against the person, as described within subchapter II of Chapter 5 of Title 11, in which the victim was a child; or
b. Aided or abetted, attempted, conspired or solicited to commit an offense set forth in subparagraph a. of this paragraph; or
c. Committed or attempted to commit the offense of Dealing in Children, as set forth in § 1100 of Title 11; or
d. Committed the felony level offense of endangering the welfare of a child as set forth in § 1102 of Title 11.
(5) The parent or parents of the child, or any person or persons holding parental rights over the child, are not able, or have failed, to plan adequately
for the child's physical needs or mental and emotional health and development, and 1 or more of the following conditions are met:
a. In the case of a child in the care of the Department or a licensed agency:
1. The child has been in the care of the Department or licensed agency for a period of 1 year, or for a period of 6 months in the case of a child who comes
into care as an infant, or there is a history of previous placement or placements of this child; or
2. There is a history of neglect, abuse or lack of care of the child or other children by the respondent; or
3. The respondent is incapable of discharging parental responsibilities due to extended or repeated incarceration, except that the Court may consider post-conviction
conduct of the respondent; or
4. The respondent is not able or willing to assume promptly legal and physical custody of the child, and to pay for the child's support, in accordance with
the respondent's financial means; or
5. Failure to terminate the relationship of parent and child will result in continued emotional instability or physical risk to the child. In making a determination
under this paragraph, the Court shall consider all relevant factors, including:
A. Whether the conditions that led to the child's placement, or similar conditions of a harmful nature, continue to exist and there appears to be little
likelihood that these conditions will be remedied at an early date which would enable the respondent to discharge parental responsibilities so that the
child can be returned to the respondent in the near future;
B. The respondent's efforts to assert parental rights of the child, and the role of other persons in thwarting the respondent's efforts to assert such rights;
C. The respondent's ability to care for the child, the age of the child, the quality of any previous relationship between the respondent and the child or
any other children;
D. The effect of a change of physical custody on the child; and
E. The effect of a delay in termination on the chances for a child to be placed for adoption.
b. In the case of a child in the home of a stepparent or blood relative:
1. The child has resided in the home of the stepparent or blood relative for a period of at least 1 year, or for a period of 6 months in the case of an
infant; and
2. The Court finds the respondent is incapable of discharging parental responsibilities, and there appears to be little likelihood that the respondent will
be able to discharge such parental responsibilities in the near future.
(6) The respondent's parental rights over a sibling of the child who is the subject of the petition have been involuntarily terminated in a prior proceeding.
(7) The parent has subjected the child to torture, chronic abuse sexual abuse, and/or life-threatening abuse.
(8) The child has suffered unexplained serious physical injury under such circumstances as would indicate that such injuries resulted from the intentional
conduct or willful neglect of the parent.
(b) Unless adoption is contemplated, the termination of 1 parent's rights shall not be granted if the effect will be to leave only 1 parent holding parental
rights, unless the Court shall find the continuation of the rights to be terminated will be harmful to the child.
(c) Nothing in this chapter shall be construed to authorize any court to terminate the rights of a parent to a child, solely because the parent, in good
faith, provides for his or her child, in lieu of medical treatment, treatment by spiritual means alone through prayer in accordance with the tenets and
practice of a recognized church or religious denomination. However, nothing contained herein shall prevent a court from immediately assuming custody of
a child and ordering whatever action may be necessary, including medical treatment, to protect his or her health and welfare.
(d) The Department is not required to perform, but is not prohibited from performing, reunification and related services as outlined in Chapter 90 of Title
29 when the grounds for termination of parental rights are those stated in subsections (a)(2), (4), (6), (7) or (8) of this section.
§ 1104. Persons eligible to petition for termination of parental rights.
A petition for the termination of parental rights may be filed by any of the following:
(1) The mother of a child;
(2) The father or presumed father of a child;
(3) Both parents of a child;
(4) A blood relative of a child;
(5) The Department or a licensed agency;
(6) A guardian or permanent guardian.
§ 1105. Contents of petition.
(a) The petition for the termination of parental rights shall state:
(1) Name and place of residence of the petitioner or petitioners;
(2) Name, sex, date of birth and place of birth of the child;
(3) Relationship of the petitioner or petitioners to the child or the fact that no such relationship exists;
(4) The name and address of the mother and the address of the father or presumed father;
(5) Where the name and address of the father is not provided, a statement, with an affidavit from the mother attached to the petition, that:
a. The mother knows the name of the biological father but is unwilling to disclose his name; or
b. The mother does not know the name of the biological father; or
c. The mother knows the name of the biological father and has provided it, but that she has never known his address; and
d. The mother's husband, if she was married at the time of the child's conception or birth, is not the child's biological father.
If the mother is unavailable or refuses to provide the requisite affidavit, the petition shall set forth such information as required by this paragraph
as is known to the petitioner;
(6) The name and last known address of the person or persons or organization holding parental rights and the name and address of the person or persons or
organization having the care, control or custody of the child;
(7) The grounds for termination of parental rights;
(8) The name and address of the person or persons or of the Department or licensed agency to which parental rights are requested to be transferred;
(9) In addition to other pertinent information, the petition, if either the name or address of the parent or parents is not included, shall furnish detailed
information concerning the efforts made to locate the parent or parents. This information shall include a statement that the petitioner has inquired to
determine whether the woman who gave birth to the child was married at the probable time of conception of the child, or at a later time, and whether the
woman has named any individual as the father on the birth certificate of the child.
(10) A statement that petitioner has explored the possibility of placement of the child with blood relatives, if both parents' rights are being terminated,
and the results of such efforts; and
(11) A statement outlining what other placement efforts have been taken, if any.
(12) A statement that each birth parent has been advised of the right to file an affidavit as provided by subchapter III of Chapter 9 of this title.
(b) Executed consents and written certifications required by § 1106 of this title and waivers of notice as permitted by §
1106A of this title shall accompany the petition as exhibits.
(c) In any case in which a petition for the termination of parental rights has been filed pursuant to § 1103(a)(1) of this title and
the Department or a licensed agency is a party to the proceeding, there shall be attached to the petition a social report. In any case in which a petition
for the termination of parental rights has been filed on any other ground set forth in § 1103(a) of this title and the Department
or a licensed agency is a party to the proceeding, a social report shall be filed no later than 1 week prior to the date of the hearing on the petition. § 1106. Consent requirements; waiver of notice.
(a) In the case of proceedings based on § 1103(a)(1) of this title consent shall be required from:
a. The mother of the child;
b. The father and any presumed father of the child; provided that:
1. The consent of an alleged biological father or presumed father need not contain an admission of paternity. In the event the alleged biological father
or presumed father denies paternity, an affidavit to that effect signed by him shall be attached to the petition in lieu of a consent;
2. In the event that the mother was married at the time of the child's conception or birth but her husband at those times is not the biological father of
the child, a notarized statement of the husband that he is not the biological father of the child shall be prima facie proof thereof in the absence of evidence
to the contrary. If such a notarized statement of the legal husband cannot be obtained, a notice of hearing shall be sent to him as provided in §
1107 of this title;
3. In the event of a petition containing statements described in § 1105(a)(5)a., b. or c. of this title, after a hearing in which
it is established on the record that the mother and father of the child are not living together as husband and wife openly and that they have not done so
nor married since the birth of the child, the Court may, following consideration of the social report, dispense with the requirement of the father's consent
in compliance with § 1115 of this title;
c. One parent, if the other is deceased;
d. Any other person or persons or organization holding parental rights;
e. One parent alone if the termination of the other parent's rights is being sought based on grounds as in § 1103(a)(2), (3), (4)
or (5) of this title.
(b) If the person in whom the right to consent exists is under the age of 18, this fact shall not be a bar to the giving of consent nor render the consent
invalid when given, provided the requirements of subsections (c) and (d) of this section are met.
(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. A consent executed by a parent or guardian must be signed or confirmed in the
presence of:
(1) A judge of a court of record;
(2) An individual designated by a judge to take consents;
(3) An employee designated by an agency to take consents;
(4) A lawyer other than a lawyer who is representing an adoptive parent or the agency to which parental rights will be transferred;
(5) A commissioned officer on active duty in the military service of the United States, if the individual executing the consent is in military service;
or
(6) An officer of the foreign service or a consular officer of the United States in another country, if the individual executing the consent is in that
country.
The Court may accept a parent or guardian's verbal consent after a verbal review on the record of the information required pursuant to §
1106A of this title.
(d) An individual before whom a consent is signed or confirmed under subsection (c) of this section shall certify in writing or orally before the Court
that he or she explained the contents and consequences of the consent, and to the best of his or her knowledge or belief, the individual executing the consent:
(1) Read or was read the consent and understood it;
(2) Entered into the consent voluntarily; and
(3) If the individual executing the consent is a parent who is a minor, was advised by a lawyer who is not representing an adoptive parent or the agency
to which parental rights are being transferred.
(e) Every petition shall be accompanied by a formal written consent executed by the person or persons for whom or the organization to which parental rights
are requested to be transferred indicating that the person or persons or organization agrees to accept parental rights over the child.
(f) Once the requirements of subsections (c) and (d) of this section have been met, the consent to termination and transfer of parental rights is irrevocable
unless the requirements of § 1106B(a) of this title have been met. § 1106A. Contents of consent to terminate and transfer parental rights.
(a) A consent required from a parent or guardian must contain:
(1) The date, place and time of the execution of the consent;
(2) The name, date of birth, and current mailing address of the individual executing the consent;
(3) The date of birth and the name or pseudonym of the child;
(4) The name, address and telephone number of the agency to which parental rights are being transferred;
(5) Information regarding the birth parent's right to file a notarized statement pursuant to § 923(b) of this title regarding access
by the child to identifying information regarding the birth parent, if the child is adopted;
(6) A statement that the individual executing the consent understands that after the consent is signed and confirmed pursuant to §
1106(c) and (d) of this title, it is final and may not be revoked or set aside for any reason unless the requirements of § 1106B(a)
of this title have been met;
(7) A statement that the individual executing the consent understands that the termination will extinguish all parental rights and obligations of the individual
executing the consent has with respect to the child, except for arrearages of child support;
(8) A statement that the individual executing the consent has received a copy of the consent; and
(9) A statement that the individual executing the consent has not received or been promised any money or anything of value for the consent.
(b) A consent may contain a statement that:
(1) The individual who is consenting waives notice of any proceeding for termination of parental rights under § 1107A of this title;
and/or
(2) The consent may be revoked if:
a. Another consent is not executed within a specified period; or
b. A court decides not to terminate another individual's parental rights in the child. § 1106B. Revocation of consent to termination and transfer of parental rights.
(a) A consent may be revoked if:
(1) Within 14 days of executing the consent, the parent who executed the consent notifies in writing the agency or individual to which the parental rights
had been transferred that the parent revokes the consent;
(2) The parent complies with any other instructions for revocation which were specifically set forth in the consent; or
(3) The individual who executed the consent and the agency or individual that accepted the consent agrees to its revocation.
(b) The Court shall set aside a consent if the individual who executed the consent establishes:
(1) By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or
(2) By a preponderance of the evidence that a condition permitting revocation, as expressly provided for in the consent, has occurred.
(c) If consent is revoked pursuant to this section, custody of the child shall be determined as follows:
(1) If the individual who executed the consent had legal and physical custody of the child when the consent was executed, legal and physical custody of
the child shall be immediately returned to the individual, unless the child is dependent or neglected;
(2) If the individual who executed the consent did not have legal and/or physical custody of the child when the consent was executed, custody of the child
shall revert to the individual or organization that held custody at the time the consent was executed. If alternative grounds under §
1103 of this title for termination of parental rights exist, the petitioner may proceed on those grounds. § 1107. Time for hearing; preparation of social report.
(a) When a petition for the termination of parental rights is filed in which the Department or licensed agency is a party to the proceedings,
the Court shall set a date for hearing thereon, and shall cause notice of the time, place and purpose of the hearing to be served as required in §
1107A of this title.
(b) When a petition for termination of parental rights is filed and the Department or licensed agency is not a party to the proceeding, the Court shall,
before any hearing, order a social study and report on the petition, by the Department or a licensed agency, to be filed within 4 months, subject to such
additional time as the Court shall determine is reasonably required. The Court shall set a date for a hearing to take place after the report is to be filed
and notice shall be accomplished as provided in § 1107A of this title.
(c) All hearings shall be held before the Court privately, but for reasons appearing sufficient to the Court, the hearing in any particular case may be
public. § 1107A. Notice of hearing to terminate and transfer parental rights.
(a) Notice of the time, place and purpose of the hearing shall be served upon the parent or parents, person or persons or organization
holding parental rights at the respondent's last known address or to the address recited in the petition.
(b) No such notice of hearing shall be necessary if a waiver executed by the parent or parents, person or persons or organization holding parental rights
has been filed with the petition, in accordance with § 1106A(b) of this title. The Court may require notice to be served upon any
other person or organization.
(c) If, at any time in a proceeding for termination of parental rights, the Court finds that an unknown father of the child may not have received notice,
the Court shall determine whether he can be identified. The determination must be based on evidence that includes a review of:
(1) The information required by § 1105(a)(9) of this title;
(2) Whether the woman has filed for or received payments or promises of support, other than from a governmental agency, with respect to the child or because
of her pregnancy; and
(3) Whether any individual has formally acknowledged or claimed paternity of the child.
(d) If inquiry pursuant to subsection (c) of this section identifies as the father of the child an individual who has not received notice of the proceeding,
the Court shall require notice to be served upon him pursuant to this section.
(e) If, in an inquiry pursuant to this section, the woman who gave birth to the child and who is consenting to the termination of her parental rights fails
to disclose the identity of a possible father or reveal his whereabouts, she must be advised by the petitioner that the proceeding for adoption may be delayed
or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father's medical and genetic
history may be detrimental to the child.
(f) If the Court shall find that personal service within the State cannot be accomplished upon the parent or parents, person or persons or organization
holding parental rights, the Court shall then cause notice of the time, place and purpose of the hearing to be published once a week, for 3 successive weeks,
in such newspaper of the county, 1 or more, as the Court may judge best for giving the parent or parents, or person or persons or organization holding parental
rights notice, the formal wording of said notice to be approved by the Court. Publication shall also be made in the locality in which the parent or parents,
person or persons or organization holding parental rights is believed to be located if different from the county where the publication just described has
been caused. The Court may, upon request by the petitioner, order that personal service and publication occur simultaneously.
(g) If any publication is ordered pursuant to subsection (f) of this section, the Court shall also order that the Clerk of the Court, at least 3 weeks prior
to the hearing, send by regular and registered or certified mail to the parent or parents or person or persons or organization holding parental rights,
at the address or addresses given in the petition, a copy of the same notice, or a similar notice of the time, place and purpose of the hearing.
(h) Personal service at any time prior to the hearing shall be sufficient to give jurisdiction.
(i) Notice provided pursuant to this section shall constitute conclusive evidence of service and a hearing will then proceed at the time and date set, with
or without the appearance of the parent or parents, person or persons or organization so notified.
(j) The Budget Act shall provide the Department with appropriated special fund (ASF) authority in order to provide public notice of court action(s) involving
minors under the Department's custody whose parents' whereabouts are unknown, per Family Court rules. Any other fees, assessments, costs or financial obligations
imposed by Family Court for the issuance and service of subpoenas or summons by way of court rules, regulations or administrative procedures may not be
charged to the Department. Any such costs associated with these procedures shall be the financial responsibility of Family Court. § 1108. Order of termination and transfer of parental rights.
(a) Should the Court find the termination of existing parental rights and their transfer to be in the best interest of the child, it
shall make an order terminating such rights in the parent or parents, person or persons or organization in which they have existed and transferring them
to some other person or persons or the Department or a licensed agency as may, in the opinion of the Court, be best qualified to receive them.
(b) In the case of proceedings based on § 1103(a)(1) of this title in which all individuals entitled to consent have waived notice
of hearing and the right to appear at such hearing in accordance with § 1106(d) of this title, the Court shall issue its decision
and order within 30 days after the filing of the petition and social report. In all other cases, the Court shall issue its decision and order within 30
days following the conclusion of the proceedings.
(c) If a child is abandoned by 1 parent only, the rights of such parent may be terminated without affecting the rights of the other.
(d) The Court shall consider postconviction conduct of parent or parents. § 1109. Petition for transfer of parental rights of deceased parents.
When the mother and/or the father or presumed father of a child are deceased, the Department or a licensed agency may file a petition
to transfer the parental rights of the deceased parent or parents to the Department or licensed agency for the purpose of adoption planning when such appears
to be in the best interest of the child. The petition shall contain:
(1) Name and place of residence of the petitioner or petitioners;
(2) Name, sex, date and place of birth of the child;
(3) The names, places of residence and dates of death of the mother and/or the father or presumed father of the child;
(4) Certified copies of the death certificates of the parents of the child; and
(5) A statement that petitioner has explored the possibility of placement of the child with blood relatives and the results of such efforts. § 1110. Appeals.
The petitioner, if the petition is not granted, or any person or organization whose parental rights have been terminated by the order,
may, at any time within 30 days after the making and entry of such decree, take an appeal therefrom to the Supreme Court. § 1111. Court costs.
All Court costs including costs of giving notice and advertising shall be paid by the petitioners. Court costs do not include attorney
fees of the respondent(s). § 1112. Confidential nature of Court records.
(a) All Court records and dockets pertaining to any termination shall be confidential and shall be kept by the Clerk of the Court in
a sealed container which shall be opened only by the order of a Judge of the Family Court, except as provided in subchapter III of Chapter 9 of this title.
(b) Nothing in this section shall be construed in such a way as to restrict the Department or a licensed agency from releasing nonidentifying information
in its records to any of the parties to the termination.
(c) Identifying information, such as names and addresses, shall not be released by the Department or a licensed agency except:
(1) By order of the Court;
(2) According to § 929 of this title; or
(3) According to subchapter III of Chapter 9 of this title.
(d) In cases where the adopted individual's health or the health of any blood relative of the adopted individual is concerned and the agency has refused
to release the health information to the adopted individual, the Court, through petition by the adopted individual, may permit the individual to inspect
only that part of the agency or Court record containing medical information for health reasons. The Court shall order open to inspection by the adopted
individual the part of the record containing the needed medical information if the Court finds that any medical information in the Court or agency record
of the adopted individual is needed for the health of the adopted individual or any blood relative of the adopted individual. This section shall apply to
information as to the identification and location of any biological sibling of the adopted individual if the adopted individual's health or the health of
any blood relative of the adopted individual depends on the sibling's participation in any medical treatment.
(e) Anyone wishing to inspect the papers filed in connection with any termination shall petition the Family Court or the court of original jurisdiction
setting forth the reasons for the inspection. The Court may refer the petition to the Department or a licensed agency for investigation and report. If,
in the opinion of the Court, the information is necessary, and the interests of the adopted individual, the biological parents or the adoptive parents will
not be prejudiced by its disclosure, the Court shall issue an order permitting the release of the information and setting forth the terms under which it
shall be released. § 1113. Effect of termination of parental rights.
(a) Upon the issuance of an order terminating the existing parental rights and transferring such parental rights to another person or
organization, the effect of such order shall be that all of the rights, duties, privileges and obligations recognized by law between the person or persons
whose parental rights are terminated and the child shall forever thereafter cease to exist. The person or organization to whom said parental rights are
transferred shall have custody and guardianship of the child but such custody and guardianship shall terminate automatically upon the entry of another order
transferring parental rights or on an order of adoption.
(b) Upon the issuance of an order terminating the existing parental rights and transferring such parental rights to another person or organization, the
child shall lose all rights of inheritance from the parents whose parental rights were terminated and from their collateral or lineal relatives and the
parents whose parental rights were terminated and their collateral or lineal relatives shall lose all rights of inheritance from the child.
(c) Nothing contained in this section shall limit in any way the right of any person to provide for the disposition of his or her property by will. § 1114. Placement for adoption.
After the issuance of an order terminating the existing parental rights and transferring them to the Department or a licensed agency,
the agency shall attempt to promptly place the child for adoption. Every 6 months thereafter until an adoption decree is entered the agency shall advise
the Court in writing of the status of the child stating the reasons for the delay in placement or adoption. The Court may, after notice, hold a hearing
to determine if any further action is required in the best interest of the child. § 1115. Interpretation.
This chapter is designed to achieve without undue delay the paramount objective of the best interest of the child, and all questions
of interpretation shall be resolved with that objective in mind.
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