2019 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.
