Delaware Code

13 Del. C. § 915 (2026)

Decree of adoption

✓ current as of May 2026
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(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.

Code 1935, §  3551H;  48 Del. Laws, c. 134, §  313 Del. C. 1953, §  915;  55 Del. Laws, c. 248, §§  3, 457 Del. Laws, c. 402, §  260 Del. Laws, c. 241, §  762 Del. Laws, c. 402, §  264 Del. Laws, c. 108, §  668 Del. Laws, c. 259, §  1
Notes of Decisions
Cited in 3 cases, 1967–1974 · leading case: C. v. C., 320 A.2d 717 (Del. 1974).
C. v. C., 320 A.2d 717 (Del. 1974). “In adoption cases, for example, the hearing provision, 13 Del.C. § 915, does not specifically state that the hearing shall be private and yet it can certainly be argued from the whole statute that was the intention.”
In re Adoption of A., 226 A.2d 823 (Del. 1967). · cites it 2× “13 Del.C. § 915, provides that a decree of adoption shall be entered on a petition if the petitioners are qualified to maintain, care for and educate the child, and if the “best interests of the child will be promoted by the adoption.”
Husband, C. v. Wife, C., 320 A.2d 717 (Del. 1974). “In adoption cases, for example, the hearing provision, 13 Del.C. § 915, does not specifically state that the hearing shall be private and yet it can certainly be argued from the whole statute that was the intention.”
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