Delaware Relinquishment, Consent, Revocation laws

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.
  
  
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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.