Title 13, Domestic Relations

§ 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 fo…

§ 906. Contents of petition for adoption [Effective until Dec. 6, 2026]. 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 petitione…

§ 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 …

§ 908. Right to consent [Effective until Dec. 6, 2026]. (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 th…

§ 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, …

§ 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 In any case in which the petition to adopt is withdrawn, the Court may order the removal of the child from the prospective adoptive home if, in the opinion of the Court, such removal is in the best interest of the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…

§ 911. Religious affiliation [Effective until Dec. 6, 2026]. (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 p…

§ 912. Social study and report [Effective until Dec. 6, 2026]. (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 ar…

§ 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 D…

§ 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…

§ 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 t…

§ 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, …

§ 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 Depart…

§ 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 colla…

§ 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 be…

§ 920. Effect of adoption on inheritance [Effective until Dec. 6, 2026]. (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 natur…

§ 921. Report of vital statistics data [Effective until Dec. 6, 2026]. (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 purpo…

§ 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 ado…

§ 923. Confidential nature of information; old and new birth certificates [Effective until Dec. 6, 2026]. (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 …

§ 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 ord…

§ 925. Inspection of Court records [Effective until Dec. 6, 2026]. 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 reas…

§ 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 viola…

§ 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 …

§ 928. Contributions and fees [Effective until Dec. 6, 2026]. (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 place…

§ 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 pare…

§ 930. Advertising for adoption [Effective until Dec. 6, 2026]. 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 Departmen…

§ 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 t…

§ 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 inte…

§ 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; …

§ 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 …

§ 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 adopti…

§ 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 ful…

§ 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…

§ 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;

§ 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.69 Del. Laws, c. 433, § 2;

§ 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 par…

§ 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’…

§ 964. Immunity from liability. Transferred.

§ 965. Affidavits. Repealed by 71 Del. Laws, c. 481, § 6, effective Jan. 18, 1999.