13 Del. C. § 908 (2026)

(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 the individual who gave birth to a child; and

(2) The alleged genetic parent and any presumed parent of a child; provided, however, that the consent of the alleged genetic parent or presumed parent need not contain an admission that the alleged genetic parent or presumed parent is a parent of the child. If the alleged genetic parent or presumed parent disclaims parentage, an affidavit signed by the alleged genetic parent or presumed parent to that effect must be attached to the petition in lieu of a consent from the alleged genetic parent or presumed parent. If a petition is filed containing statements described in § 906(7)b.1., 3. or 4. of this title, after a hearing in which it is established on the record that the birth parents of the child are not living together as married couple 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 consent in compliance with § 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.

Code 1935, §  3551C;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  908;  57 Del. Laws, c. 363, §  6;  59 Del. Laws, c. 466, §  6;  61 Del. Laws, c. 178, §  1;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 104;