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The 5 Delaware Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Delaware adoption laws you need to know about when considering this for your family.
Top 5 Delaware Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Delaware?
Consent to the termination of parental rights by anyone holding parental rights must occur for adoption to be allowed. Termination of parental right may also occur if:
- The parent has abandoned the child
- The parents is incompetent
- The parent has committed a felony relating to harming a child
- The parent has failed to provide for the child; or
- The parent has abused the child
Del. Code. Ann. tit. 13, § 928 (2020)
In Delaware, a man who wishes to be notified of an adoption proceeding of a child that may be his, must register with the registry of paternity before the birth of the child or within thirty days of the child’s birth unless a father parent relationship has otherwise been established or the father has adjudicated paternity before his rights were terminated.
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a Delaware adoption?
In Delaware, adoptive parents may not pay expectant mother living expenses, but can pay for court costs and legal fees.
Separate Legal Representation
Will I be offered my own Delaware adoption lawyer?
This issue is not addressed under Delaware law. You still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.Open Adoption
How does Open Adoption work in Delaware?
After the placement process has been completed, but prior to finalizing an adoption, the parties may agree to the exchange of identifying information, but the natural parents must acknowledge in writing that they understand that there are no legal rights or assurances to continuing contact.
Del. Code. Ann. tit. 13, § 929 (2020)
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Delaware?
How does the legal process for adoption work in Delaware?
Consent may be given after the birth of the child and the consent shall be in writing, notarized and attached to the petition as an exhibit.
Del. Code. Ann. tit. 13, §§ 907, 1106(c) (2020)
How long will I have to change my mind about adoption in Delaware?
If someone who consents to an adoption wishes to revoke consent, he or she shall file, within sixty days from the date of the filing of the adoption petition containing the consent, a petition asking the Court to revoke his or her consent and dismiss the adoption petition.
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