2015 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.

(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.;