Delaware Adoption Code

Table of Contents

Subchapter II. Adoption of persons 18 Years of Age or Over

Subchapter III. Access to Identifying Information

CHAPTER 9. ADOPTION

x  901.  Definitions.

For the purposes of this chapter:
 (1.)  "Authorized agency" means any agency duly approved, certified,
   recognized or licensed by the proper authority of any other state or
country in which that agency is located to place children for adoption.
 (2.)  "Child" means any male or female who has not attained his or her
   eighteenth birthday.
 (3.)  "Department" means the Department of Services for Children, Youth and
  Their Families of this State.
 (4.)  "Identified adoption" means an adoption in which the birth parents
 and adoptive parents first know each other, without the services or assistance
of an intermediary, and then seek placement or adoption services from the
Department, a licensed agency or an authorized agency.
 (5.)  "Identifying information" means any data, including that described in
 x 929 of this title, that can distinguish a party to the adoption from the
general public, and shall include, for purposes of subchapter III of this chapter,
the full name, full address and birth date of the birth parent(s) and
birth sibling(s), if any, as well as any other known names and addresses
used by the birth parent(s), birth sibling(s), or the adoptee.
 (6.)  "Intermediary" means any person for compensation and in his
professional  capacity, firm, corporation, organization or other legal
entity, except the Department or a licensed agency, which in any way acts,
or offers to act, as a link between a birth parent and an adoptive family
in any proposed placement of a child or any person who receives
remuneration for so acting or offering to act.
 (7.)  "Legally free" means that there has been a prior termination or
transfer of parental rights by judicial order.
 (8.)  "Legally separated" means any person or persons who, by a decree of
the appropriate court of any other state of the United States, other than
a decree of absolute divorce, entered in accordance with the laws of that
state, has been accorded the right to reside separate and apart from his
or her spouse, or is a party to a decree of divorce from bed and board or
its equivalent.
 (9.)  "Licensed agency" means any agency granted a license by the
Department to provide adoption services in the State.
 (10.)  "To place" includes any of the following activities, each of which
may be  performed only by the Department, a licensed agency or an authorized
agency;  the selection of an approved family for the child; the
arrangement for the child's move into an adoptive home; or the relocation
of the child with an adoptive family.
 (12)  "Adult adoptee" means an adoptee who is 18 years of age or older.
 (13)  "Birth parent" means:
  a.  The biological mother of a child;
  b.  The named father of a child who consented to the termination of his
   parental rights; or
  c.  The father whose paternity is presumed pursuant to Chapter 8 of this
   title.
 (14)  "Original birth certificate" means the certificate issued at the time
of birth  of the child which contains identifying information regarding
birth parents and the child's full name at birth and which may provide
such details as the time and place of birth.


x  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 county in which the petitioner
resides.
 (c)  In any case in which, before the proposed adoption has been finally
approved or disapproved, the petitioned or petitioners move into a county
other than the county in which the original petition was filed, or into
another jurisdiction, the Family Court of the county in which the petition
was originally filed may continue to exercise jurisdiction over the
proceeding until a final decision has been rendered on the petition.
 (d)  Whenever the Family Court shall assume jurisdiction for the purposes
 of terminating parental rights over a child, it shall be deemed to have
retained jurisdiction for the purposes of proceeding under this chapter
for the adoption.


x  903.  Persons eligible to petition to adopt.

An unmarried person or a husband and wife jointly, who are not legally
separated or who are not living apart from each other, or a divorced or
legally separated person, being a resident of the State at the time of
filing the petition or with whom a child has been placed for adoption under
x 904 of this title, and being over 21 years of age, may petition the Family
Court for an order authorizing the petitioner or petitioners to adopt a
child not his, hers or theirs.  Nothing herein shall in any way affect the
right of any person to adopt a person who  has reached age 18 as provided in
Subchapter II of this chapter.


x  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 licensed agency,
but no such placement or supervision shall be necessary in the case of:
  (1)  A child sought to be adopted by a stepparent;
  (2)  A child sought to be adopted by a blood relative, except as provided
   in x 926 of this title.
 (b)  No placement for an identified adoption in which an intermediary has
  been involved shall be approved or permitted by the Department or a
   licensed agency.
 (c)  No child shall be placed for adoption in this State pursuant to x 926
of this title unless the placement is approved and supervised by the
Department or a licensed agency.
 (d)  When the prospective adoptive parents are legal residents of the
 State,but live elsewhere, the approval and supervision required by this section
shall be provided by an authorized agency located in close proximity to
the family, as will the social report required by x 912 of this title.


x  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 for adoption, or
terminates any placement prior to adoption contrary to the wishes of the
birth parent or prospective adoptive parent of the child, the decision of
the Department or a licensed agency in so refusing or so terminating shall
be final unless within 30 days after notice of refusal or termination, the
birth parent or proposed adoptive parent shall appeal to the Family Court of
the county in which the adoption is proposed.  The Department or licensed
agency shall not remove a child who is legally free for adoption from an
adoptive placement prior to the adoption without good cause.


x  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 legally qualified to consent to the adoption 
 and the basis for the existence in such person,persons  or organization 
of the right to so consent;
 (5)  The date of the child's placement in the adoptive home, or, in the
 case of a child to be adopted by a stepparent, the date of the marriage of the
stepparent and the child's natural parent;
 (6)  The name to be assumed by the child upon adoption;
 (7)  If, in the case of an adoption by a stepparent or blood relative,
 there has not been a prior legal termination of parental rights, the petition
shall also include:
  a.  The name and residence of the mother and natural father or any
   presumed father, as defined in Chapter 8 of this title, of the child
   whose adoption is sought.  If either or both parents are deceased, a
   statement to that effect, with a certified copy of the death
   certificate(s) attached.
  b.  The mother's marital status at the time of the child's conception and
   birth.  In the event that the mother was not married at the time of the
   child's conception or birth, or in the event that she was married at the
   time of the child's conception or birth but her husband at those times is
   not the child's natural father, an affidavit by the mother setting forth
   either: (i)  The name and last known address of the natural father; or
   (ii)  A statement that the mother knows the name of the natural    
   father but is unwilling to disclose the name of the natural father; or
   (iii)  A statement that the mother does not know the name of the
    natural father; or
   (iv)  The name of the natural father, and a statement that the mother
has never known his address.
  c.  In the case of a stepparent adoption where the petitioner is the wife
   of the alleged natural father and the child to be adopted has been born
   out of wedlock to the father and another woman, evidence of paternity
   blood testing which does not exclude the alleged natural father.
 (8)  In the case of a child being brought into this State from another
 state or country for adoption in this State, proof of compliance with all
requirements of the Interstate Compact on the Placement of Children, as set
out in Chapter 3 of Title 31, relating to such placement.
 (9)  After execution of the petition by the petitioner or petitioners,
 there shall be attached so as to preserve the confidential nature of the
information contained therein, as required by x 923 of this title, the
exhibits set out in sub-subdivisions a., b., and c. of subdivision (7);
provided, however, that confidentiality is not required in the case of a
petition by a stepparent or blood  relative or where the birth parent(s) and
adoptive parent(s) have exchanged identifying information as provided in x
929 of this title and copies of the written agreements required thereunder
are attached:
  a.  The birth certificate of the child.
  b.  The legal name of the child whose adoption is being sought.
  c.  All required consents, or facts justifying the absence of consent, or
  a certified copy of the Court order terminating or transferring parental
   rights.
 (10)  All petitions for adoption filed shall have attached thereto
affidavits of the  petitioners stating the amount of the service fee charged
by all agencies and any other expenses paid by the adopting family in the
adoption process, and attesting that no intermediary assisted in locating
the child.


x  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 x 908 of
this title.
 (b)  A written consent to adoption, duly acknowledged, must be given by any
  child 14 years of age or over unless the Court, upon further investigation
or   inquiry, deems it to be in the best interest of the child that such
consent be waived.  Such consent, when obtained, shall be attached to the
petition as an exhibit thereto.


x  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 in whom the
parental rights are vested.
 (b)  In the case of an adoption by a stepparent or blood relative, the
consent to  the adoption shall be granted as follows:
  (1)  By mother of a child; and
  (2)  The biological father and any presumed father of a child; provided,
   however, that the consent of the alleged biological father or presumed
   father need not contain an admission that he is the father.  In the event
   that the named biological or presumed father disclaims paternity, an
   affidavit signed by him to that effect shall be attached to the petition
in lieu of a consent from the natural or presumed father.  It is further
provided that in the event of a petition containing statements described
  in x 906 (7)b.(ii), (iii) or (iv) 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 x 932 of this title.
  (3)  If, in the case of an adoption by a stepparent or blood relative, any
   person from whom consent is required is deceased, a certified copy of the
   death certificate of such person shall be filed with the petition in lieu
   of consent.
 (c)  If the individual in whom the right to consent exists is under the age
of 18 years, this fact shall not be a bar to the giving of consent nor
render the consent when given invalid.


x  909.  Withdrawal of consent.

In any case in which consent has been given in accordance with the
provisions of x 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 shall file, within 60 days from the date of the
filing of the adoption petition containing the consent, a petition asking
the Court to revoke his consent and dismiss the adoption petition.  The
Family Court shall refer the petition to revoke and dismiss to the
Department or licensed agency, and the Department or licensed agency shall,
within 30 days of the reference, make a formal report thereon to the Court. 
Promptly upon receipt of the report, the Court shall rule upon the petition
to revoke and dismiss.


x  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 shall include in the order a grant of
authority to the Department or to a licensed agency to make the removal and
to provide for the future disposition of the child.


x  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 religion in which the child should be reared,
or if their religion is not known, or if there is none, then the
Department or licensed agency shall make  placement without regard to
religion.
 (b)  If the proposed adoptive parent is a stepparent or blood relative,
there shall be no restriction regarding the religious affiliation.
 (c)  Whenever the provisions as set forth in subsection (a) of this section
appear  to create a hardship for the child to be adopted in obtaining a
suitable and prompt placement, the Family Court, in its discretion, may
waive these requirements in the best interest of the child.


x  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
report by the Department or licensed agency or authorized agency unless
the report was filed with the petition.
 (b)  The report shall include:
  (1)  Information regarding the child, its background, its eligibility for
   adoption;
  (2)  Information regarding the adoptive parent or parents, and the
    proposed adoptive home;
  (3)  Information regarding the physical and mental condition of the child:
  (4)  Information regarding the suitability of the placement; (5)  A
  statement as to whether all requirements of this chapter have
   been complied with;
  (6)  In stepparent/relative cases, a statement that the birth parent whose
  parental rights are being terminated has been advised of the right to file
   an affidavit as provided by subchapter III of this chapter;
  (7)  A recommendation.
 (c)  If the placement is made by the Department or licensed agency, the
report  shall be rendered within 60 days from the receipt of the order for
the report unless the report is filed with the petition for adoption.  In
the case of adoption by a stepparent or blood relative, the report is to
be rendered within 60 days following the completion of the social study,
and shall include a statement of the cost of the study.
 (d)  If the Court orders any further social investigation or any supplement
of the social report, any such investigation shall be conducted and a
supplement shall be prepared by the Department or the licensed or
authorized agency party to the proceedings.


x  913.  Time for filing the adoption petition.

 (a)  A petition for adoption may be filed when the requirements of x 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 1 year
by the Department or licensed agency, except that on recommendation of the
Department or licensed agency, a petition may be filed at any time after 6
month's supervision.
 (b)  In the case of a child to be adopted by a stepparent or a blood
relative, the petition for adoption shall be filed only after the child has
resided in the home of the petitioner for at least 1 year; except that, on
recommendation of the Department or licensed agency, a petition may be
filed after 6 month's continuous residence of the child in the
petitioner's home.  In the case of adoption by a stepparent or blood
relative, it is not necessary that the child be legally free prior to the
filing of the petition.


x  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 divorce, annulment or separation. legal or
otherwise, the petitioners would no longer be qualified to petition
jointly, the proceedings shall be stayed.  The Family Court in which the
petition was originally filed shall then decide on the basis of a report
to be obtained by it from the Department or licensed agency, whether the
proceedings shall continue or whether the petition should be dismissed.


x  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 child is suitable for
adoption and that the best interest of the child will be promoted by the
adoption, a decree of adoption shall be entered.  If the Court is of the
opinion that such a decree should not be  entered, it shall notify the
petitioner or petitioners and, if requested by any petitioner, it shall
order a hearing to which all interested parties shall be duly summoned,
and, based upon the report and evidence adduced at the hearing, the Court
shall issue its decree granting or refusing the prayer of the petitioner.
 (b)  At any time after the report has been filed but prior to the Court's
rendering  a decision, the Court may order the removal of the child from the
proposed   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
shall include in the  order a grant of authority to the Department or to a
licensed agency, to make   the removal and to provide for the future
disposition of the child.
 (c)  The decree of adoption shall state:
  (1)  The name by which the child is henceforth to be known;
  (2)  The sex and age of the child;
  (3)  The name of the child at the time the petition was filed.
 (d)  Upon the entry of a decree of adoption the Clerk of Court shall issue
to the   adopting parent or parents a certificate of adoption stating the
date of the decree, the age and sex of the child, the name by which the
child is henceforth to be known, and the names of the adopting parent or
parents. Neither the original name of the child nor the names of the
birth parents shall be included in the certificate of adoption.


x  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.


x  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 party to the proceedings
  may file such appeal.
 (c)  In any case in which the effect of the decision of the Supreme Court,
on   appeal, is to deny the petition for adoption, the Supreme Court shall
remand the case to the Family Court for a determination as to whether or
not the child shall remain in the  proposed adoptive home.  If a removal
is ordered, the  Family Court shall include in the order a grant of
authority to the Department or a licensed agency to make the removal and
to provide for the future disposition of the child.


x  918.  Finality of decree of adoption.

Upon the expiration of 2 years 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.


x  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 had been born to the adopting parent or parents.
 (b)  Upon the issuance of a decree of adoption, the adopted child shall no
  longer be considered the child of his birth parent or parents and shall no
longer be entitled to any of the rights or privileges or subject to any of
the duties or obligations of a child with respect to the birth parent or
parents; but, when a child is adopted by a stepparent his relationship to
his birth parent who is married to the stepparent shall in no way be
altered by reason of the adoption.


x  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 such child
shall cease upon the adoption.
 (b)  Upon the issuance of a decree of adoption, the adopted child shall
acquire the right to inherit from its adoptive parent or parents and from
the collateral or lineal relatives of such adoptive parent or parents, and
the adoptive parent  or parents and the collateral or lineal relatives of
the adoptive parent or parents shall at the same time acquire the right
to inherit from the adopted child.
 (c)  Nothing contained in this section shall limit in any way the right of
any person to provide for the disposition of his or her property by will.
The rights of a child adopted after the making of a will by the adopting
parent or parents shall be the same as the rights of an after-born child,
as prescribed in x 301 of Title 12.  When the adopting parent is a
stepparent, married to the birth or legal parent, nothing contained in
this section shall affect the rights of inheritance between the child and
the birth or legal parent or their collateral or lineal relatives.


x  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 of the child and its sex;
  (2)  Date and place of birth of child;
  (3)  Name of the father as stated on the birth certificate, if stated; 
(4) Maiden name of mother;
(5)  Child's name after adoption; 
(6)  Name of adoptive father, place and date of his birth, his occupation; 
(7)  Maiden name of adoptive mother, place and date of her birth, and
 her occupation;
(8)  Address of adoptive parents.
 (b)  If the adoptive child was born in another state, the Clerk of the
Family   Court in which the order was entered shall forward the same
information to the  Bureau of Vital Statistics, or like agency, in the state
of the child's birth.


x  922.  Birth certificate.

 (a)  If a child born in this State is adopted in this State or in another
state, the State Registrar shall file a new certificate of birth upon
receipt of a certified  copy of the decree of adoption from the proper
authorities of the state in which the adoption took place.
 (b)  If the adopted child was born outside this State, and a certificate of
birth cannot be secured from the place of birth, the State Registrar may
file and issue a special birth certificate as herein provided, upon
receipt from the agency responsible for the adoption of evidence of the
birth, considered satisfactory by the Registrar.


x  923.  Confidential nature of information; old and new birth certificates.

Except as provided in subchapter III of this chapter, all information
regarding any adoption which is furnished to any State Registrar shall be
confidential and not open to public inspection.  The names of the biological
or previous legal parent or parents or the former name of the child shall
not be furnished to the adoptive parents, nor shall the name of the adoptive
parents be furnished to the biological or previous legal parent or parents
and, after the entry of the decree of adoption, the original record of birth
shall be impounded and all birth certificates shall be issued in the
adoptive name only, if a new name has been assumed, and shall contain no
reference to the former name or background or the fact of adoption.


x  924.  Confidential nature of Court records.

Except as provided in subchapter III of this chapter, all Court records of
any adoption shall be treated as strictly confidential and shall be kept by
the Clerk of the Court in a sealed container which shall be opened only upon
the order of the Judge of the Family Court concerned.  Nothing in this
section shall be construed in such a way as to restrict the Department or
licensed agency from releasing nonidentifying information in its records to
any of the parties to the adoption.  Except as otherwise provided in  x 929
and subchapter III of this title, identifying information, such as names and
addresses, shall not be released except by order of the Court or with the
consent of all the parties involved when it is deemed by the agency to be in
the adoptee's best interest, except in cases where the adopted individual's
health or the health of any blood relative of the adopted individual is
concerned and the adoption agency has refused to release the health
information to the individual, the Court may, through petition by the
adopted individual, permit the party to inspect only that part of the
adoption agency or Court record containing medical information for health
reasons.  The Court shall order open to inspection by the individual the
part of the record containing the needed medical information if the Court
finds that any medical information in the Court or adoption agency record of
the individual's adoption is needed for the health of the individual or of
any blood relative of the individual.  This section shall apply to
information as to the identification and location of any biological sibling
of the individual if the individual's health or the health of any blood
relative of the individual depends on the sibling's participation in any
medical treatment.  If Family Court receives a report stating that a birth
parent, another offspring of the birth parent or the adoptee has a
genetically transmitted disorder or a family pattern of a disease, Family
Court shall instruct the agency that was involved with the adoption or the
termination of parental rights to conduct a diligent search for the adult
adoptee, adoptive parents of a minor adoptee or birth parent(s) to inform
them of the report.


x  925.  Inspection of Court records.

Except as provided in subchapter III of this chapter, anyone wishing to
inspect any of the papers filed in connection with any adoption shall
petition the Judge of the Family Court concerned setting forth the reasons
for the inspection.  The Judge shall refer the petition to the Department or
licensed agency for investigation and recommendation.  If in the opinion of
the Court, the information is necessary, and the interest of the adopted
individual, the biological or previous legal parent or parents or of the
adoptive parents will not be prejudiced by its disclosure, the Court shall
issue an order permitting the release of the information and setting forth
the terms under which it shall be released.  


x  926.  Receiving child into State for adoption.

No child shall be brought or received into the State for the purpose of
adoption without the approval of the Department, pursuant to x 381 of Title
31.  No petition for adoption of a child brought or received into this State
in violation of this section shall be presented or granted.


x  927.  Foreign adoptions; validity.

 (a)  Adoptions finalized by a Court with appropriate jurisdiction in a
foreign country or in another state or territory of the United States
shall be entitled to the application of the principles of full faith and
credit provided that the final adoption decree was issued in full accord
with the adoption laws of that foreign country or that state or
territory, and that the child was not brought into  this State until after
the finalization of adoption.
 (b)  No adoption proceeding or order therein which occurs in a foreign
country   or in another state or territory of the United States shall be
valid or recognized by any court in this State as respects persons who are
residents of this State where a child is brought into this State prior to
the finalization of the adoption, unless the adoption proceedings shall be
in substantial compliance with the adoption laws of this State.  This
subsection shall not apply to any adoption proceedings or order therein
initiated in a foreign country or in another state or  territory of the
United States as respects persons who are not residents of this State at
the time of the commencement of such adoption proceedings.


x  928.  Contributions and fees.

 (a)  No biological parent of any child whose adoption is proposed shall
receive   any contribution, fee or emolument of any sort from any person or
   organization having any connection or association with the placement of
the   child for adoption or with the adoption.
 (b)  No person or organization who is in any way connected with an adoption
  shall receive any remuneration in connection therewith, except for court
costs  and legal services; provided, however, that the Department, licensed
agency or authorized agency may charge a service fee for each adoption in
an  amount not exceeding the cost of services rendered, to be paid by the
adopting parent or parents.  The amount of any such fee shall be made a
part   of the petition as provided in x 906(10) of this title.



x  929.  Exchange of identifying information.

 (a)  As part of the adoption planning and placement process, the Department
  or licensed agency may provide, when in the best interest of the child,
   identifying information to the birth parent(s) and to the adoptive
parent(s) as follows:
  (1)  In the preplacement planning of adoption for children, identifying
   information shall be limited to the viewing of photographs, provided that
  such viewing is with the consent of birth parent(s) and adoptive parent(s)
  and further provided that no additional identifying information is
    contained in the photographs;
  (2)  After the placement selection process has been completed, and   
  prior to the finalization of the adoption, identifying information may    include,
but is not limited to, the exchange of names, addresses, photographs and
face-to-face meetings, provided that:
   a.  The birth parent(s) and adoptive parent(s) request the exchange
of identifying information in writing; and
   b.  Birth parent(s) and adoptive parent(s) and the Department or
    licensed agency agree to the exchange of identifying information as
specified in writing; and
   c.  The birth parent(s) and adoptive parent(s) acknowledge in writing
their understanding that no legal right of or assurance of continuing
contact after finalization of the adoption exists; and
   d.  The birth parent(s) and adoptive parent(s) acknowledge in writing
and under oath that there has been no violation of x 928 of this title.
  (3)  Written consent to the exchange of identifying information, duly
   acknowledged, must be given by any child 14 years of age or over   
   unless the Department or licensed agency deems it to be in the best    
interest of the child that such consent be waived.
 (b)  The Department or licensed agency may participate in the exchange of
  identifying information after the finalization of the adoption only with
the agreement of the parties required to consent in accordance with
subchapter III  of this chapter or an order of the Court.


x  930.  Advertising for adoption.

No natural parent or prospective adoptive parent, nor anyone acting on
behalf of such natural or prospective adoptive parent, and no person, firm,
corporation, organization or other legal entity, except the Department or a
licensed agency, shall advertise in this State regarding the availability of
adoption services or for the placement of a child for the purpose of
adoption.


x  931.  Penalties.

Except as provided in this subchapter, whoever places a child in this State
for the purpose of adoption, brings or receives a child from outside this
State into this State for the purpose of adoption, advertises in this State
regarding adoption services or for the placement of a child for the purpose
of adoption, or acts as an intermediary for the purpose of adoption, shall
be fined not more than $5,000, or shall be imprisoned not more than 5 years,
or both.


x  932.  Interpretation.

This chapter is designed to achieve without undue delay the paramount
objectives of the best interest of the child, and all questions of
interpretation shall be resolved with that objective in mind.  Where there
appears to be a conflict between the best interest of the parent(s) and the
child, the best interest of the child shall prevail.


Subchapter II.  Persons 18 Years of Age or Over


x  951.  Who may adopt.

Any person, or any husband and wife jointly, desiring to adopt any person or
persons upwards of 18 years of age, shall file a petition in the Family
Court of the county in which the petitioner or the person to be adopted
resides.


x  952.  Contents of petition.

The petition shall state the name, sex and date of birth of the person or
persons whose adoption is sought and that the petitioner or petitioners
desire to adopt such person or persons.  The petition shall be signed by the
petitioner or petitioners.


x  953.  Decree of adoption.

If the petition complies with the requirements of xx 951 and 952 of this
title, and if the person or persons to be adopted appear in court and
consent to the adoption, the Family Court may render a decree ordering the
issuance of a certificate of adoption to the petitioner or petitioners.  The
decree shall state the sex, age and the name by which the person or persons
adopted shall thereafter be known.


x  954.  Effect of adoption.

Upon the issuance of the decree of adoption and forever thereafter, all the
duties, rights, privileges and obligations recognized by law between parent
and child shall exist between the petitioner or petitioners and the person
or persons adopted, as fully and to all intents and purposes as if such
person or persons were the lawful and natural offspring or issue of the
petitioner or petitioners.


x  955.  Record of adoption.

The Clerk of Court shall file the petition and all papers pertaining thereto
among the records of the Court, and shall record in the record book in which
the record of other adoptions is kept all the proceedings in such case,
together with the decree of the Court, which record or a duly certified copy
thereof shall be evidence.

x  956.  Costs.

The costs shall be taxed by the Court on the petitioner or petitioners.

Subchapter III.  Access to Identifying Information


x  961.  Records.

As of January 1, 1995, all adoption records presently maintained in the
Prothonotary's Office shall be transferred to Family Court for permanent
retention.


x  962.  System of affidavits.

 (a)  A birth parent who has consented to the adoption of a child or whose
  parental rights have been terminated by a Delaware Court may file with
  Family Court at any time an affidavit which: (1) authorizes Family Court
  to provide a child who is an adult adoptee or the adoptive parents of a
  minor adoptee with a copy of the adoptee's original birth certificate, and
  which authorizes Family Court, the Department of Services for Children,
  Youth and Their Families (hereinafter "the Department") or the licensed
  agency handling the termination of parental rights or adoption procedures to
provide the adult adoptee or the adoptive parents of a minor adoptee with
identifying  information in their possession; or (2) denies the release of
any identifying information concerning that birth parent to the adult
adoptee or any other person by Family Court, the Department or a licensed
agency.
 Either affidavit shall be in effect at all times unless rescinded in
 writing by the birth parent.
 (b)  A birth parent who consents to the adoption of a child or whose
parental rights are terminated at any time after January 1, 1995, shall be
advised by the  agency filing the petition to terminate parental rights of
the right of the birth parent(s) to file at that time or any subsequent
time the affidavit described in 
 x 962(a) of this title.  The petition, as required in x 1105(a) of this
title, shall state  that the birth parent has been advised of this right,
and the affidavit, if obtained, shall be attached to the petition.
 (c)  In the case of a stepparent or relative adoption, the agency writing
the social study report, as required by xx 1107(f) and 912 of this title,
shall state that the parent whose parental rights are being terminated has
been advised of the right to file an affidavit at that time or any
subsequent time, and the affidavit, if obtained, shall be attached to the
social report.
 (d)  If a birth parent is deceased or mentally incompetent, the following
   relations of said birth parent may file an affidavit, with proof of the
death or mental incompetency, authorizing the release of the relations'
own name and address:
  - Either parent of the birth parent;
  - Sibling (full or half) of the birth parent;
  - Birth siblings (full or half) of the adoptee.
 Such affidavit shall be in effect at all times unless rescinded in writing
by the individual who filed it.
 (e)  An adult adoptee may file with Family Court at any time an affidavit
  consenting to or denying the release of the adoptee's name and address to
  a birth parent or other birth relative as in subsection (d) of this
  section. This affidavit shall be effective at all times unless rescinded in
 writing by the adoptee.
 (f)  The adoptive parents of a minor adoptee may file an affidavit with
Family Court authorizing the release of the adoptive parent(s)' name and
address to the birth parent(s) of the child.  Such affidavit shall expire
when the adoptee reaches the age of 18.


x  963.  Procedure for providing identifying information.

 (a)  When Family Court, the Department or a licensed agency receives a
  request for identifying information from an adult adoptee, the adoptive
parents of a minor adoptee, the birth parent(s) of an adoptee, or adult
birth relatives of the adult adoptee as in x 962(d) of this title, the
Court, Department or licensed agency shall determine within 30 days
whether any affidavit is on file and whether such affidavit or affidavits
permit complying with the request. Any agency receiving such a request
shall contact Family Court to determine whether any affidavit or letter
rescinding an affidavit is on file.
  (1)  If a request is received from an adult adoptee or the adoptive
    parents of a minor adoptee, and an affidavit consenting to the release
   of identifying information has been filed by each known birth parent, a
   copy of the original birth certificate and other identifying information
   shall be released within 90 days of the initial request.  If an affidavit
   consenting to the release of identifying information is on file for 1
birth parent only, information released shall not include any identifying
   information concerning the other birth parent.  If an affidavit is on
   file from a birth relative as in x 962 of this title only that birth
   relative's information shall be released to the adoptee.
  (2)  When a request is received from the birth parent(s), and an affidavit
   from the adult adoptee or from the adoptive parents of a minor adoptee
  consenting to the release of identifying information is on file, the
  agency shall release identifying information within 90 days of the
  request. (3) When a request is received from an adult birth relative as in
  x 962(d) of this title, identifying information about the adult adoptee may be
   released only if an affidavit in on file from the adoptee consenting to
   the release of such information.
 (b)  If a request for information is received from an adult adoptee,
adoptive parents of a minor adoptee or the birth parent of an adult
adoptee and no affidavit is on file, Family Court shall instruct the
agency that handled the adoption or the termination of parental rights or,
in the case of an agency no  longer licensed in this State, the designated
custodian of the records of such agency, to undertake a diligent search
for the individual being sought.  A search shall be commenced within 90
days from the date of Family Court's instructions to the agency.
 (c)  Within 15 working days of locating the individual, the designated
agency shall attempt to make personal and confidential contact.  Upon
contact, the agency will advise the individual of the right to file an
affidavit as described in  x 962 of this title with Family Court and will
provide the appropriate form of the  affidavit to the individual.  The
individual shall be advised that, in the event such affidavit is not
received by the agency within 30 days, identifying information will be
released and, in the case of an adult adoptee, a copy of the  original birth
certificate will be provided.  The individual shall also be advised   that
an affidavit denying the release of identifying information may   
subsequently be rescinded or modified in writing at any time.
 (d)  If, after contact, the individual files an affidavit denying the
release of identifying information, a subsequent contact may be initiated
by Family Court, the Department or the agency upon a second request for
information. Family Court, the Department or an agency may refuse to
contact in response  to subsequent requests for information.
 (e)  If an affidavit denying the release of identifying information is
received, the  Court shall not allow the release of identifying information
with respect to the party requesting confidentiality.
 (f)  Upon proof that a birth parent is deceased, all information concerning
such birth parent shall be released.
 (g)  If an adult adoptee has initiated the search and neither birth parent
can be located within 1 year of the request for identifying information,
the agency shall notify Family Court in writing.  Family Court shall
provide a copy of the original birth certificate to the adult adoptee.


x  964.  Immunity from liability.

Any person or agency, including the State of Delaware or any governmental
subdivision of this State, who participated in good faith in any requirement
of this subchapter, shall have immunity from any liability, civil or
criminal, that results from such person's or agency's actions.  In any
proceeding, civil or criminal, the good faith of any person participating in
the requirement of this subchapter shall be presumed.


x  965.  Affidavits.

The Department, licensed agencies and Family Court shall design a uniform
affidavit that will be approved by the Chief Judge of Family Court prior to
January 1, 1995.  Subsequent revision of the affidavits must be approved by
the Chief Judge of Family Court.