§ 902. Jurisdiction and venue; removal of petitioner from county. (a) Family Court shall have jurisdiction of proceedings under this chapter. (b) A petition for adoption shall be filed either in the Family Court of the county in which the licensed or authorized agency placing the child is located, or the Family Court of the […]
§ 903. Persons eligible to petition to adopt. To be eligible to petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child not his, hers, or theirs, the petitioner or petitioners must satisfy the three following requirements: (1) Either be: a. A resident of Delaware at the time of […]
§ 904. Placement and supervision for adoption. (a) No petition for adoption shall be presented unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by the Department, a licensed agency or an authorized agency, and the placement has been supervised by the Department or a […]
§ 905. Appeal from decision of the Department or licensed agency. In any case where the Department or a licensed agency refuses to place a child for adoption when requested by the parent of the child, or refuses the request of any person that a child be placed with him or her for adoption, or […]
§ 906. Contents of petition for adoption. The petition shall state: (1) The name, address and marital status of the petitioner or petitioners; (2) The sex and date of birth of the child whose adoption is sought; (3) The relationship of the petitioner to the child; (4) The name of the person, persons or organization […]
§ 907. Consent requirements. (a) A petition for adoption shall contain a consent to the proposed adoption. The consent shall be in writing, notarized and attached to the petition as an exhibit. If consent is obtained or given outside this State, it must be executed in accordance with this section and § 908 of this […]
§ 908. Right to consent. (a) Except in the case of an adoption by a stepparent or blood relative, no petition for adoption shall be filed unless the child to be adopted is legally free for adoption. The consent to the adoption shall be granted by the Department or by the licensed or authorized agency […]
§ 909. Withdrawal of consent. In any case in which consent has been given in accordance with the provisions of § 907 of this title, and the person, Department, licensed agency, authorized agency or child over age 14 giving the consent desires to withdraw the consent, he or she shall file, within 60 days from […]
§ 910. Withdrawal of petition. In any case in which the petition to adopt is withdrawn, the Court may order the removal of the child from the prospective adoptive home if, in the opinion of the Court, such removal is in the best interest of the child. If such a removal is ordered, the Court […]
§ 911. Religious affiliation. (a) If either natural parent, in a notarized statement made prior to the placement for adoption, specifies the religion in which he or she desires the child to be raised, the Department or licensed agency shall make placement in accordance with such statement. If the natural parents declare indifference to the […]
§ 912. Social study and report. (a) Upon the filing of a petition for adoption, the Judge of the Family Court in which the petition has been filed, after determining that the petition has been properly filed and that the petitioner or petitioners are eligible to adopt under this chapter, shall order a social study […]
§ 913. Time for filing the adoption petition. (a) A petition for adoption may be filed when the requirements of § 904 of this title have been met, the child is legally free for adoption, and the adoptive placement of the child has been supervised for a period of 6 months by the Department or […]
§ 914. Death, divorce, annulment, separation of petitioner pending proceeding. (a) In the event of the death of a sole petitioner, or of both petitioners, the proceedings shall abate and the petition shall be dismissed. (b) When, after a petition for adoption has been filed, 1 of 2 petitioners dies, or as a result of […]
§ 915. Decree of adoption. (a) Within 60 days from the date of the receipt by the Court of the report, the Court shall render a decision upon the petition. If the Court is of the opinion that the petitioner or petitioners are qualified properly to maintain, care for and educate the child, that the […]
§ 916. Court costs. The costs in all cases of adoption under this chapter shall be taxed by the Court on the person or persons filing the petition, and they shall pay the same to the Clerk of Court. 17 Del. Laws, c. 612, § 4; Code 1915, § 3066; Code 1935, § 3552; 13 […]
§ 917. Appeal. (a) Appeal from any order or decree entered in any adoption proceedings shall lie to the Supreme Court. No appeal shall lie from any order or decree involving proceedings for adoption unless taken within 30 days from the date of such order or decree. (b) The Department, licensed agency or any person […]
§ 918. Finality of decree of adoption. Upon the expiration of 6 months from the date of the entry of the decree of adoption, any irregularities in the proceedings shall be deemed cured, and the validity of such decree shall not thereafter be subject to attack either through collateral or direct proceedings. Code 1935, § […]
§ 919. General effect of adoption. (a) Upon the issuance of the decree of adoption, the adopted child shall be considered the child of the adopting parent or parents, entitled to the same rights and privileges and subject to the same duties and obligations as if he or she had been born to the adopting […]
§ 920. Effect of adoption on inheritance. (a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from its natural parent or parents and from their collateral or lineal relatives. The rights of the natural parent or parents or their collateral or lineal relatives to inherit from […]
§ 921. Report of vital statistics data. (a) Upon the entry of a decree of adoption, the Clerk of the Family Court shall forward to the Department of Health and Social Services, Office of Vital Statistics, a report on the form provided for this purpose, which shall include the following information: (1) Prior legal name […]
