DELAWARE

 Any single adult, a husband and wife jointly, or a legally separated ordivorced person who is over 21 years old may adopt. Unless it creates ahardship to the child, religious preferences expressed by a natural parent willbe honored.

Who Can Be Adopted?

 Any child or adult can be adopted.

Consent to Adoption

 In the case of stepparent or relative adoption, written consent is required ofthe following people:

(1) the mother;

(2) the biological or presumed father; and

(3) an adoptee over 14 years of age, unless the court waives it.

 In all other adoptions, the child must be legally freed for adoption andconsent given by the Department or licensed agency to whom parental rights havebeen given and the adoptee over the age of 14.

 Consent is not required of a parent whose parental rights have beenterminated, has abandoned the child, or is incapacitated. Also, consent of thebiological or presumed father is not necessary if he denies paternity inwriting.

 If a person or agency wishes to withdraw consent, they must file a request tothe court asking that consent be revoked within 60 days after filing theadoption petition. The court will give the request to the authorized adoptionagency, and that agency will make a report to the court within 30 days. Thecourt shall then rule upon the request.

Confidentiality

 All court records of any adoption will be treated confidentially and kept in asealed envelope by the court. Nonidentifying information in the record can bereleased. Identifying information cannot be released except by court order orthe consent of all the parties involved, unless the adoptee's health or thehealth of any of the adoptee's blood relatives is concerned, then the court maypermit the adoptee to inspect the applicable part of the record.

 The Department of Services for Children, Youth and Their Families or anauthorized agency may divulge identifying information after the finalization ofthe adoption, only if all parties required to consent agree, including anyadoptee over the age of 14. Prior to finalization, but after adoptive parentshave been identified, the Department may share identifying information, withthe consent of natural and adoptive parents.

Permissible Fees

 No natural parent can receive any contributions, fees, or payment of any sortfrom any person or organization in connection with the placement of the childfor adoption. No person or agency may charge any fees in connection with theadoption, except for court costs, legal fees, and service fees not to exceedthe cost of services rendered.

Place of Adoption Hearing

 The adoption hearing may take place where the adoptive parent resides or wherethe authorized adoption agency is located.

Authority To Place Child

 Only the Department of Services for Children, Youth, and Their Families or anagency approved, certified, recognized, or licensed by the proper authoritywithin the State has authority to place a child or advertise in connection withthe adoption of a child. Birth parents or identified adoptive parents mayappeal to the court placement decisions of the Department or licensed agencythat are contrary to their wishes.

Relative Adoption

 No placement with the authorized adoption agency is necessary, nor must thechild be legally freed for adoption at the time of the petition in cases wherethe child is being adopted by a stepparent or a blood relative. As in all otheradoptions, a decree of adoption shall be entered only after the child hasresided in the home of the stepparent or relative, supervised by the Departmentof Health and Social Services or an authorized agency, for at least 1 year,unless a recommendation is made otherwise.

Advertisements

 Only the Department of Services for Children, Youth, and Their Families andlicensed agencies may advertise regarding the availability of adoption servicesor for the placement of a child.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney ReferralService

Delaware State Bar Association
1225 King Street
Wilmington, DE 19801
(302) 658-5279

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