Delaware Relinquishment, Consent, Revocation laws
Relinquishment - Consent - Time to Revoke
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Delaware
Who Must Consent:
- Consent shall be granted by the Department or agency to whom rights are vested.
- In cases of adoption by a stepparent or blood relative, consent shall be granted by the biological mother and father.
Consent of Adoptee:
A child 14 years or older must provide written consent unless the court finds it in child's best interest to waive consent.
When Parental Consent is Not Needed:
- The child has been abandoned.
- The parent is legally incompetent.
- The parent is convicted of a felony where a child has been harmed.
- There is a history of neglect or chronic abuse.
When Relinquishment Can Be Signed:
- Consent by mother can be given any time after child's birth.
- Consent by natural father may be executed prior to or after the child's birth.
How Relinquishment Must Be Signed:
- Consent shall be written, notarized, and annexed to petition if parental rights have not been previously terminated.
- Consent executed by a parent or guardian must be signed or confirmed in the presence of a judge or other designated representative.
Time for Revocation:
- Within 60 days of filing petition of consent, a person wishing to revoke may petition the court.
- The court will decide if revocation is in child's best interest.
Adapted from materials prepared by the National Adoption Information Clearinghouse.
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