reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 905. Appeal from decision of 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 such person 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.
Code 1935, §  3551K;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  905;  51 Del. Laws, c. 143, §  1;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 907. Consent requirements.

§ 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.
Code 1935, §  3551C;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  907;  57 Del. Laws, c. 363, §  5;  59 Del. Laws, c. 466, §  5;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 908. Right to consent.

§ 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.1., 3. or 4. 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.
Code 1935, §  3551C;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  908;  57 Del. Laws, c. 363, §  6;  59 Del. Laws, c. 466, §  6;  61 Del. Laws, c. 178, §  1;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 909. Withdrawal of consent.

§ 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, the person, Department, licensed agency, authorized agency or child over age 14 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 consent of such person, Department, licensed agency, authorized agency or child over age 14 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.
Code 1935, §  3551D;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  909;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 910. Withdrawal of petition.

§ 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.
Code 1935, §  3551D;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  910;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 911. Religious affiliation.

§ 911. Religious affiliation.
(a) If either natural parent, in a notarized statement made prior to the placement for adoption, specifies the religion in which such parent 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.
Code 1935, §  3551E;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  911;  56 Del. Laws, c. 323;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 912. Social study and report.

§ 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.
Code 1935, §  3551F;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  912;  51 Del. Laws, c. 143, §  2;  55 Del. Laws, c. 248, §  2;  57 Del. Laws, c. 402, §  2;  59 Del. Laws, c. 466, §  7;  62 Del. Laws, c. 402, §§  1, 8;  64 Del. Laws, c. 108, §  6;  67 Del. Laws, c. 106, §  3;  68 Del. Laws, c. 259, §  1;  69 Del. Laws, c. 433, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 913. Time for filing the adoption petition.

§ 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, guardian, permanent guardian 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, guardian, permanent guardian or blood relative, it is not necessary that the child be legally free prior to the filing of the petition.
Code 1935, §  3551G;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  913;  51 Del. Laws, c. 143, §  3;  59 Del. Laws, c. 466, §  8;  60 Del. Laws, c. 241, §  5;  64 Del. Laws, c. 108, §  10;  68 Del. Laws, c. 259, §  1;  73 Del. Laws, c. 171, §  2;  77 Del. Laws, c. 32, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 914. Death, divorce, annulment, separation of petitioner pending proceeding.

§ 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.
Code 1935, §  3551O;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  914;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 915. Decree of adoption.

§ 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.
Code 1935, §  3551H;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  915;  55 Del. Laws, c. 248, §§  3, 4;  57 Del. Laws, c. 402, §  2;  60 Del. Laws, c. 241, §  7;  62 Del. Laws, c. 402, §  2;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 916. Court costs.

§ 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.
17 Del. Laws, c. 612, §  4;  Code 1915, §  3066;  Code 1935, §  3552;  13 Del. C. 1953, §  916;  62 Del. Laws, c. 402, §  2;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 917. Appeal.

§ 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.
Code 1935, §  3551L;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  917;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 918. Finality of decree of adoption.

§ 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.
Code 1935, §  3551L;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  918;  68 Del. Laws, c. 259, §  1;  73 Del. Laws, c. 171, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 919. General effect of adoption.

§ 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 such child 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 such child's 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 such child's relationship to the birth parent who is married to the stepparent shall in no way be altered by reason of the adoption.
Code 1935, §  3551I;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  919;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 920. Effect of adoption on inheritance.

§ 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 such person's 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.
Code 1935, §  3551J;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  920;  68 Del. Laws, c. 259, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 921. Report of vital statistics data.

§ 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 such child's 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 adoptive father's birth, and adoptive father's occupation;
(9) Maiden name of adoptive mother, place and date of adoptive mother's birth, and adoptive mother's 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.
Code 1935, §  3551M;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  921;  57 Del. Laws, c. 402, §  2;  59 Del. Laws, c. 466, §  9;  62 Del. Laws, c. 402, §  1;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 481, §  4;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 922. Birth certificate.

§ 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.
Code 1935, §  3551M;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  922;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 924. Confidential nature of Court records.

§ 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 or parents to inform them of the report.
Code 1935, §  3551N;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  924;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §§  1, 2;  62 Del. Laws, c. 420, §  3;  64 Del. Laws, c. 108, §  10;  64 Del. Laws, c. 387, §  1;  67 Del. Laws, c. 106, §  2;  68 Del. Laws, c. 259, §  1;  69 Del. Laws, c. 433, §§  3, 4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 925. Inspection of Court records.

§ 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.
Code 1935, §  3551N;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  925;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;  69 Del. Laws, c. 341, §  1;  69 Del. Laws, c. 433, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 926. Receiving child into State for adoption.

§ 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.
Code 1935, §  3551P;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  926;  57 Del. Laws, c. 363, §  7;  60 Del. Laws, c. 241, §  6;  64 Del. Laws, c. 108, §  10;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 927. Foreign adoptions; validity.

§ 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.
Code 1915, §  3063;  38 Del. Laws, c. 162, §  1;  Code 1935, §§  3549, 3551P;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  927;  68 Del. Laws, c. 259, §  1;  72 Del. Laws, c. 306, §§  1, 2;  73 Del. Laws, c. 343, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 928. Contributions and fees.

§ 928. Contributions and fees.
(a) No biological parent of any child whose adoption is proposed shall receive any contribution, fee, subsidy 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.
Code 1935, §  3551Q;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  928;  51 Del. Laws, c. 143, §  4;  59 Del. Laws, c. 466, §  10;  68 Del. Laws, c. 259, §  1;  77 Del. Laws, c. 43, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 929. Exchange of identifying information.

§ 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 or parents and to the adoptive parent or parents 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 or parents and adoptive parent or parents 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 or parents and adoptive parent or parents request the exchange of identifying information in writing; and
b. Birth parent or parents and adoptive parent or parents and the Department or licensed agency agree to the exchange of identifying information as specified in writing; and
c. The birth parent or parents and adoptive parent or parents 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 or parents and adoptive parent or parents 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.
67 Del. Laws, c. 106, §  1(b);  68 Del. Laws, c. 259, §  1;  69 Del. Laws, c. 433, §  5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 930. Advertising for adoption.

§ 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.
68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 931. Penalties.

§ 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.
68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 932. Interpretation.

§ 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 or parents and the child, the best interest of the child shall prevail.
59 Del. Laws, c. 466, §  13;  62 Del. Laws, c. 420, §  4;  67 Del. Laws, c. 106, §  1(a);  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter II. Persons 18 Years of Age or Over › § 951. Who may adopt.

§ 951. Who may adopt.
The following persons, who desire to adopt any person or persons over 18 years of age, shall file a petition in the Family Court of the county in which any of the petitioner(s) or the person(s) to be adopted resides:
(1) Any person petitioning individually;
(2) A married couple petitioning jointly; or
(3) A nonmarried couple petitioning jointly, provided that they are cohabiting, as that term is defined in §  1512(g) of this title.
27 Del. Laws, c. 263, §§  1-3;  Code 1915, §  3067;  Code 1935, §  3553;  13 Del. C. 1953, §  951;  57 Del. Laws, c. 402, §  2;  59 Del. Laws, c. 466, §  12;  62 Del. Laws, c. 402, §  1;  82 Del. Laws, c. 171, § 2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter II. Persons 18 Years of Age or Over › § 952. Contents of petition.

§ 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.
27 Del. Laws, c. 263, §§  1-3;  Code 1915, §  3067;  Code 1935, §  3553;  13 Del. C. 1953, §  952;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter II. Persons 18 Years of Age or Over › § 953. Decree of adoption.

§ 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.
27 Del. Laws, c. 263, §§  1-3;  Code 1915, §  3067;  Code 1935, §  3553;  13 Del. C. 1953, §  953;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter II. Persons 18 Years of Age or Over › § 954. Effect of adoption.

§ 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.
27 Del. Laws, c. 263, §§  1-3;  Code 1915, §  3067;  Code 1935, §  3553;  13 Del. C. 1953, §  954;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter II. Persons 18 Years of Age or Over › § 955. Record of adoption.

§ 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.
27 Del. Laws, c. 263, §§  1-3;  Code 1915, §  3067;  Code 1935, §  3553;  13 Del. C. 1953, §  955;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter II. Persons 18 Years of Age or Over › § 956. Costs.

§ 956. Costs.
The costs shall be taxed by the Court on the petitioner or petitioners.
27 Del. Laws, c. 263, §§  1-3;  Code 1915, §  3067;  Code 1935, §  3553;  13 Del. C. 1953, §  956;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter III. Access to Identifying Information › § 962. Search and reunion services.

§ 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.
71 Del. Laws, c. 481, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter III. Access to Identifying Information › § 963. Immunity from liability.

§ 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.
69 Del. Laws, c. 433, §  2;  71 Del. Laws, c. 481, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1101. Definitions.

§ 1101. Definitions.
As used in this chapter:
(1) “Alleged father” means as defined in § 8-102 of this title.
(2) “Child” means as defined in § 302 of Title 1.
(3) “Conviction” means as defined in § 222 of Title 11.
(4) “Court” means the Family Court of the State of Delaware.
(5) “Delinquent child” means as defined in § 901 of Title 10.
(6) “Dependency” or “dependent child” means as defined in § 901 of Title 10.
(7) “DSCYF” means the Department of Services for Children, Youth and Their Families of this State.
(8) “Father” means an individual who has established a father-child relationship under § 8-201(b) of this title.
(9) “Individual” means a human being.
(10) “Infant” means a child who is less than 6 months old.
(11) “Licensed agency” means an agency to which the Delaware Department of Education, Office of Child Care Licensing has granted a license to place children for adoption.
(12) “Mother” means an individual who has established a mother-child relationship under § 8-201(a) of this title.
(13) “Neglect” or “neglected child” means as defined in § 901 of Title 10.
(14) “Parent” means as defined in § 8-102 of this title.
(15) “Parental responsibilities” means the care or support of a child in a manner that does both of the following:
a. Provides for the child's physical needs, including food, clothing, and shelter.
b. Advances the child's education and physical, mental, and emotional health and development.
(16) “Party” means a party in a termination of parental rights proceeding under this chapter.
(17) “Petitioner” means a petitioner in a termination of parental rights proceeding under this chapter.
(18) “Presumed father” means as defined in § 8-102 of this title.
(19) “Relative” means as defined in § 901 of Title 10.
(20) “Respondent” means a respondent in a termination of parental rights proceeding under this chapter.
48 Del. Laws, c. 135, §  1;  13 Del. C. 1953, §  1101;  50 Del. Laws, c. 17, §  1;  53 Del. Laws, c. 102, §§  1, 2;  57 Del. Laws, c. 363, §  8;  58 Del. Laws, c. 511, §  22;  59 Del. Laws, c. 466, §§  14, 15;  61 Del. Laws, c. 178, §  2;  62 Del. Laws, c. 420, §§  5, 6;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 317, §  1;  72 Del. Laws, c. 431, §  1;  79 Del. Laws, c. 165, §  1;  79 Del. Laws, c. 371, §  12;  83 Del. Laws, c. 226, § 1;  83 Del. Laws, c. 280, § 4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1102. Jurisdiction and venue.

§ 1102. Jurisdiction and venue.
(a) The Court has exclusive jurisdiction of proceedings under this chapter to terminate parental rights.
(b) A petition for termination of parental rights may be filed in the Court of any of the following counties:
(1) The county in which a 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 resides.
(c) If the Court assumes jurisdiction under this chapter, it is deemed to have retained jurisdiction under Chapter 9 of this title relating to adoption.
48 Del. Laws, c. 135, §§  2, 5;  13 Del. C. 1953, §  1102;  50 Del. Laws, c. 17, §  1;  57 Del. Laws, c. 363, §  9;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §  3;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1104. Eligibility to petition for termination of parental rights.

§ 1104. Eligibility to petition for termination of parental rights.
A petition for the termination of parental rights may be filed by any of the following:
(1) A parent or presumed father of the child.
(2) A relative of the child.
(3) DSCYF or a licensed agency.
(4) A guardian or permanent guardian of the child.
48 Del. Laws, c. 135, §  3;  13 Del. C. 1953, §  1104;  49 Del. Laws, c. 57, §  1;  50 Del. Laws, c. 17, §  1;  50 Del. Laws, c. 534, §  2;  59 Del. Laws, c. 466, §  17;  60 Del. Laws, c. 241, §  10;  62 Del. Laws, c. 420, §§  8, 9;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 32, §  4;  83 Del. Laws, c. 226, § 4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1106A. Contents of consent to terminate and transfer parental rights.

§ 1106A. Contents of consent to terminate and transfer parental rights.
(a) A consent to terminate and transfer parental rights must contain all of the following:
(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 under § 923(b) of this title regarding the child's access 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 under § 1106(d) and (e) of this title, it is final and may not be revoked or set aside unless the requirements under § 1106B(a) or (b) of this title have been met.
(7) A statement that the individual executing the consent understands that the termination will extinguish all of that individual's parental rights and obligations 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.
(9) A statement that the individual executing the consent has not received or been promised money or anything of monetary value for the consent.
(b) A consent may contain 1 or more of the following statements:
(1) The consenting individual waives notice of a proceeding for termination of parental rights under § 1107A of this title.
(2) The consent may be revoked if at least 1 of the following occur:
a. Another consent is not executed within a specified period.
b. A court denies the termination of the other parent's rights in the child.
c. Another condition occurs as agreed upon by each party.
73 Del. Laws, c. 171, §  10;  83 Del. Laws, c. 226, § 7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1106B. Revocation of consent to termination and transfer of parental rights.

§ 1106B. Revocation of consent to termination and transfer of parental rights.
(a) A consent may be revoked if any of the following occur:
(1) Within 14 days of executing the consent, the parent who executed the consent delivers written notification of revocation to the agency or individual to which the parental rights are to be transferred.
(2) The parent complies with another instruction for revocation which was specifically stated in the consent under § 1106A(b)(2)c. of this title.
(3) The individual who executed the consent and the agency or individual that accepted the consent agree to its revocation.
(b) The Court shall set aside a consent if the individual who executed the consent establishes at least 1 of the following:
(1) By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress.
(2) By a preponderance of the evidence that a condition permitting revocation has occurred, as expressly provided for in the consent under § 1106A(b)(2)c. of this title.
(c) If consent is revoked under this section, the Court must determine custody of the child 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 must be immediately returned to the individual, unless the Court finds that the child is a dependent child or neglected child as to the individual.
(2) If the individual who executed the consent did not have legal or physical custody of the child when the consent was executed, custody of the child must revert to the individual or organization that held custody when the consent was executed. If another ground for termination of parental rights exists under § 1103 of this title, the petitioner may proceed on that ground.
73 Del. Laws, c. 171, §  11;  83 Del. Laws, c. 226, § 8;