2014 Delaware Code
Title 13 - Domestic Relations
CHAPTER 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
§ 1106. Consent requirements; waiver of notice

(a) In the case of proceedings based on § 1103(a)(1) of this title consent shall be required from:

a. The mother of the child;

b. The father and any presumed father of the child; provided that:

1. The consent of an alleged biological father or presumed father need not contain an admission of paternity. In the event the alleged biological father or presumed father denies paternity, an affidavit to that effect signed by him shall be attached to the petition in lieu of a consent;

2. In the event that the mother was married at the time of the child's conception or birth but her husband at those times is not the biological father of the child, a notarized statement of the husband that he is not the biological father of the child shall be prima facie proof thereof in the absence of evidence to the contrary. If such a notarized statement of the legal husband cannot be obtained, a notice of hearing shall be sent to him as provided in § 1107 of this title;

3. In the event of a petition containing statements described in § 1105(a)(5)a., b. or c. 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 § 1115 of this title;

c. One parent, if the other is deceased;

d. Any other person or persons or organization holding parental rights;

e. One parent alone if the termination of the other parent's rights is being sought based on grounds as in § 1103(a)(2), (3), (4) or (5) of this title.

(b) If the person in whom the right to consent exists is under the age of 18, this fact shall not be a bar to the giving of consent nor render the consent invalid when given, provided the requirements of subsections (c) and (d) of this section are met.

(c) A mother whose consent to the termination of parental rights is required may execute a consent only after the child is born. Consent by the father or presumed father may be executed either before or after the child is born. A consent executed by a parent or guardian must be signed or confirmed in the presence of:

(1) A judge of a court of record;

(2) An individual designated by a judge to take consents;

(3) An employee designated by an agency to take consents;

(4) A lawyer other than a lawyer who is representing an adoptive parent or the agency to which parental rights will be transferred;

(5) A commissioned officer on active duty in the military service of the United States, if the individual executing the consent is in military service; or

(6) An officer of the foreign service or a consular officer of the United States in another country, if the individual executing the consent is in that country.

The Court may accept a parent or guardian's verbal consent after a verbal review on the record of the information required pursuant to § 1106A of this title.

(d) An individual before whom a consent is signed or confirmed under subsection (c) of this section shall certify in writing or orally before the Court that he or she explained the contents and consequences of the consent, and to the best of his or her knowledge or belief, the individual executing the consent:

(1) Read or was read the consent and understood it;

(2) Entered into the consent voluntarily; and

(3) If the individual executing the consent is a parent who is a minor, was advised by a lawyer who is not representing an adoptive parent or the agency to which parental rights are being transferred.

(e) Every petition shall be accompanied by a formal written consent executed by the person or persons for whom or the organization to which parental rights are requested to be transferred indicating that the person or persons or organization agrees to accept parental rights over the child.

(f) Once the requirements of subsections (c) and (d) of this section have been met, the consent to termination and transfer of parental rights is irrevocable unless the requirements of § 1106B(a) of this title have been met.

48 Del. Laws, c. 135, § 6; 13 Del. C. 1953, § 1106; 50 Del. Laws, c. 17, § 1; 59 Del. Laws, c. 466, §§ 20, 21; 61 Del. Laws, c. 178, § 3; 68 Del. Laws, c. 276, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 171, §§ 8, 9.;

§ 1106A Contents of consent to terminate and transfer parental rights.

(a) A consent required from a parent or guardian must contain:

(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 pursuant to § 923(b) of this title regarding access by the child 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 pursuant to § 1106(c) and (d) of this title, it is final and may not be revoked or set aside for any reason unless the requirements of § 1106B(a) of this title have been met;

(7) A statement that the individual executing the consent understands that the termination will extinguish all parental rights and obligations of the individual executing the consent has 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; and

(9) A statement that the individual executing the consent has not received or been promised any money or anything of value for the consent.

(b) A consent may contain a statement that:

(1) The individual who is consenting waives notice of any proceeding for termination of parental rights under § 1107A of this title; and/or

(2) The consent may be revoked if:

a. Another consent is not executed within a specified period; or

b. A court decides not to terminate another individual's parental rights in the child.

73 Del. Laws, c. 171, § 10.;

§ 1106B Revocation of consent to termination and transfer of parental rights.

(a) A consent may be revoked if:

(1) Within 14 days of executing the consent, the parent who executed the consent notifies in writing the agency or individual to which the parental rights had been transferred that the parent revokes the consent;

(2) The parent complies with any other instructions for revocation which were specifically set forth in the consent; or

(3) The individual who executed the consent and the agency or individual that accepted the consent agrees to its revocation.

(b) The Court shall set aside a consent if the individual who executed the consent establishes:

(1) By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or

(2) By a preponderance of the evidence that a condition permitting revocation, as expressly provided for in the consent, has occurred.

(c) If consent is revoked pursuant to this section, custody of the child shall be determined 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 shall be immediately returned to the individual, unless the child is dependent or neglected;

(2) If the individual who executed the consent did not have legal and/or physical custody of the child when the consent was executed, custody of the child shall revert to the individual or organization that held custody at the time the consent was executed. If alternative grounds under § 1103 of this title for termination of parental rights exist, the petitioner may proceed on those grounds.

73 Del. Laws, c. 171, § 11.;