Delaware Code Title 13 Sec. 1106 – Consent requirements
(a) In a proceeding under § 1103(a)(1) of this title, consent is required from all of the following:
(1) The mother, father, and, if applicable, presumed father of the child.
a. An admission of paternity is not required for an alleged father‘s or presumed father’s consent. If the alleged father or presumed father denies paternity, the petition must include, in lieu of a consent, an affidavit denying paternity that the alleged father or presumed father signed.
b. If the mother was married when the child was conceived or born, but the mother’s husband at conception or birth is not the child’s biological father, the husband’s notarized statement that the husband is not the child’s biological father is prima facie proof that the husband is not the biological father, absent evidence to the contrary. If the husband’s notarized statement cannot be obtained, a notice of hearing must be sent to the husband under § 1107 of this title.
c. If a petition contains a statement under § 1105(a)(5)a.1., 2., or 3. of this title and the Court finds, after a hearing and in consideration of the social report, that the child’s mother and father are not living together openly as husband and wife and they have not done so and have not married since the child’s birth, the Court may waive the requirement of the father’s consent.
(2) One parent alone, if the other is deceased.
(3) Another person or organization holding parental rights.
(4) One parent alone if the termination of the other parent’s rights is sought on another ground.
Terms Used In Delaware Code Title 13 Sec. 1106
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alleged father: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
- Child: means as defined in § 302 of Title 1. See Delaware Code Title 13 Sec. 1101
- Court: means the Family Court of the State of Delaware. See Delaware Code Title 13 Sec. 1101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Father: means an individual who has established a father-child relationship under § 8-201(b) of this title. See Delaware Code Title 13 Sec. 1101
- Individual: means a human being. See Delaware Code Title 13 Sec. 1101
- Mother: means an individual who has established a mother-child relationship under § 8-201(a) of this title. See Delaware Code Title 13 Sec. 1101
- Parent: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
- Presumed father: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) If the person in whom the right to consent exists is under the age of 18, this fact is not a bar to the giving of consent and does not render the consent invalid when given, if the requirements under subsections (d) and (e) of this section are met.
(c) A mother whose consent to the termination of parental rights is required may execute a consent only after the child is born. A father or presumed father may execute a consent either before or after the child is born.
(d) A consent by a parent, agency, or organization holding parental rights must be executed in at least 1 of the following ways:
(1) Signed or confirmed in the presence of at least 1 of the following:
a. A judge or commissioner of a court of record.
b. An individual that a judge has designated to take a consent.
c. An employee that an agency has designated to take a consent.
d. A lawyer other than the lawyer representing an adoptive parent or the agency to which parental rights will be transferred.
e. A commissioned officer on active duty in the military service of the United States, if the individual executing the consent is in military service.
f. An officer of the foreign service or a consular officer of the United States in another country, if the individual executing the consent is in that country.
(2) Made orally and accepted by the Court after a review on the record of the information required under § 1106A of this title.
(e) An individual before whom a consent is signed or confirmed under subsection (d) of this section shall certify in writing or orally before the Court that the individual explained the contents and consequences of the consent and, to the best of the individual’s knowledge or belief, the individual executing the consent did all of the following:
(1) Read or was read the consent and understood it.
(2) Entered into the consent voluntarily.
(3) If the individual executing the consent is a parent who is a minor, was advised by a lawyer who is not representing an adoptive parent or agency to which parental rights are being transferred.
(f) Once the requirements under subsections (d) and (e) of this section have been met, the consent to termination and transfer of parental rights is irrevocable unless the requirements under § 1106B(a) of this title have been met.
48 Del. Laws, c. 135, § ?6; 13 Del. C. 1953, § ?1106; 50 Del. Laws, c. 17, § ?1; 59 Del. Laws, c. 466, §§ ?20, 21; 61 Del. Laws, c. 178, § ?3; 68 Del. Laws, c. 276, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 171, §§ ?8, 9; 83 Del. Laws, c. 226, § 6;