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Delaware's Adoption Laws
Delaware
Statute: tit. 16, § 906(b)(18)
Records Confidential: Yes
Persons with access to records
Not addressed in statutes reviewed.
Persons without access to records
• CPS/State Agencies
• Agencies From Other States
• Courts/Judges
• Grand Juries
• Law Enforcement
• Attorneys General/Prosecutors
• Attorneys, GAL's
• Physicians
• Reporters of Abuse
• Researchers
• Employers
• Parents/Guardians
• Coroners
• Review Teams
• Treatment Providers
• Subject of Reports
• Public/Any Person
Other Persons
with a legitimate public safety need for such information
© This information is from the National Adoption Information Clearinghouse.
The birth mother cannot sign the consent until after the birth of the child. This usually occurs 24 hours following the birth. The birth father may sign the consent any time before or after the birth.
Pre-consents are not allowed in the state of Delaware. Revocation Time Frame in DelawareThe consent may be revoked up to 14 days following the signing, or until a judge accepts the consent in court.
Delaware
Who May Adopt
Statute: Title 13, § 903
• An unmarried
person
• Husband and
wife jointly
• A divorced
or legally separated person
• Residents of
the State at the time of filing
• Over age 21
Who May Be Adopted
Statute: Title 13, § 908
A child who is legally free for adoption
Who May Place a Child for Adoption
Statute: Title 13, § 904
• The
department
• A licensed
or authorized agency
© This information is from the National Adoption Information Clearinghouse.
Does State have a Putative Father Registry: No
Registry/Paternity Requirements to Receive Notice
Statute: Tit. 13, § 1107 A
- Must respond to the petitioning agency within 20 days of receiving notice of intention to file termination petition.
- Notice sent to parent or parents, person or persons, or organization holding parental rights at their last known address or to address recited in petition.
Information Contained in Registry/Claim
Statute:
- Not addressed in statutes reviewed.
Revocation of Claim to Paternity
Statute:
- Not addressed in statutes reviewed.
Access to Information Maintained in Registry
Statute:
- Not addressed in statutes reviewed.
© This information is from the National Adoption Information Clearinghouse.
Delaware
Birth Parent Expenses Allowed Statute: Tit. 13, § 928
-
• Court costs
-
• Legal fees
Birth Parent Expenses Not Allowed Statute: Tit. 13, § 928
No other payment is
allowed.
Allowable Payments for Arranging Adoption Statute: Tit. 13, §
928
No person or
organization shall receive any payment in connection with an adoption.
Allowable Payments for Relinquishing Child Statute: Tit. 13, §
928
No biological
parent shall receive any sort of payment for the placement of a child for
adoption.
Allowable Fees Charged by Department/Agency Statute: Tit. 13,
§§ 916; 928
-
• Court costs shall be paid by
the petitioner.
-
• The department or licensed
agency may charge a service fee in the amount not to exceed the cost of services
rendered.
Accounting of Expenses Required by Court Statute: 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.
© This information is from the National Adoption Information Clearinghouse.
Statutes Include Information on International Adoption: Yes
Effect of Foreign Adoption Decree:
Delaware Code Annotated Title 13, § 927(c) (2002)
- Adoptive parents seeking validation of a foreign adoption decree shall file the decree with the Family Court in the county where they reside.
Validation of Foreign Adoption:
- Not addressed in statutes reviewed.
© This information is from the National Adoption Information Clearinghouse.
Delaware
Agency or Person Gathering Information
or Preparing Report Statute: Tit. 13, § 901
- • Department of Services for Children, Youth and
Their Families
- • Licensed placing agency
Contents of Report About Person to be
Adopted Statute: Tit. 13, § 912
- • Physical and mental history
- • Family background and eligibility for adoption
Contents of Report About Birth Parents
Statute: Tit. 13, § 924 Health and medical
information
Contents of Report About Adoptive
Parents Statute: Tit. 13, § 912
- • Suitability of placement
- • Relevant information about both, if applicable,
adoptive parents and home
© This information is from the National Adoption Information Clearinghouse.
If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.
American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.
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