This briefing reviews state laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. In order for an adoption to take place, a person available to be adopted must be placed in the home of a person or persons eligible to adopt. All states, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands have laws that specify which persons are eligible as adopting parents and which persons can be adopted.
Delaware Adoption Laws: Who May Adopt, Be Adopted, or Place a Child for Adoption? In Delaware, the adoption process is regulated by state laws that govern who may adopt a child, who may be adopted, and who may place a child for adoption. Understanding these guidelines is crucial for anyone considering adoption in Delaware. Let's delve into the specifics, including the different types of adoptive parents, adopters, and birth parents. Who May Adopt a Child in Delaware? Delaware allows individuals, married couples, and same-sex couples to adopt a child. Age requirements vary based on the type of adoption. In agency adoptions, the minimum age is typically 21 years for singles and 18 years for married couples. However, adoptive parents must be at least 10 years older than the child they wish to adopt, unless they are a stepparent or relative of the child. In independent adoptions, individuals must be at least 21 years old, while married couples must have a combined age of 50 years and be at least 10 years older than the adopted. However, special circumstances may warrant exceptions to the age requirements. Who May Be Adopted in Delaware? Delaware law allows any child to be adopted, regardless of age, race, ethnicity, or nationality. Minors under the age of 18 can be adopted, and in some cases, adults can be adopted as well, such as in stepparent adoptions or cases where strong emotional bonds have been formed. What are the Different Types of Adoption in Delaware? 1. Agency Adoption: This process involves working with a licensed adoption agency that facilitates the adoption matching process between birth parents and prospective adoptive parents. The agency also guides adoptive families throughout the entire adoption journey, ensuring compliance with all legal requirements. 2. Independent Adoption: Also known as a private adoption, this process involves adoptive parents and birth parents directly finding each other without the involvement of an adoption agency. Both parties must consult with attorneys to ensure all legal aspects are followed. Who May Place a Child for Adoption in Delaware? Delaware permits birth parents, specifically birth mothers and biological fathers, to voluntarily place their child for adoption. Consent to adoption must be freely and knowingly given, typically after the birth of the child. The birth parents may work with an adoption agency or select an adoptive family independently. Additionally, Delaware recognizes the rights of birth fathers who have established paternity. In cases where the birth father's consent is required, the relevant legal procedures must be followed to legally terminate his parental rights. Conclusion: Navigating Delaware's adoption laws requires a comprehensive understanding of who may adopt, who may be adopted, and who may place a child for adoption. The state recognizes various types of adoptive parents, including individuals, married couples, and same-sex couples. Any child, regardless of age or background, can be adopted. Adoption can take place through agency or independent channels. Birth parents, mainly birth mothers and biological fathers, maintain the right to voluntarily place their child for adoption. Prospective adoptive parents and birth parents should consult with adoption professionals and legal experts to fully comprehend and comply with all relevant adoption regulations in Delaware.
