Delaware Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Tit. 13 §§ 908; 1106- Consent shall be granted by the department or agency to whom rights are vested.
- In cases of adoption by a stepparent or blood relative, consent shall be granted by the biological mother and father.
Age When Consent of Adoptee is Considered or Required
Statute: Tit. 13 § 907
- A child 14 years of age 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
Statute: Tit. 13 § 1103(a)
- The child has been abandoned.
- The parent is legally incompetent.
- The parent is convicted of a felony where a child has been harmed.
- There is a history of neglect or chronic abuse.
When Consent Can Be Executed
Statute: Tit. 13 § 1106- Consent by the mother can be given any time after the child's birth.
- Consent by the natural father may be executed prior to or after the child's birth.
How Consent Must Be Executed
Statute: Tit. 13 §§ 907; 1106(c)- Consent shall be written, notarized, and annexed to the adoption petition if parental rights have not been previously terminated.
- Consent executed by a parent or guardian must be signed or confirmed in the presence of a judge or other designated representative.
Revocation of Consent
Statute: Tit. 13 § 909
- Within 60 days of filing the petition of consent, a person wishing to revoke consent may petition the court.
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