Delaware Code Title 13 Sec. 1106B – Revocation of consent to termination and transfer of parental rights
(a) A consent may be revoked if any of the following occur:
(1) Within 14 days of executing the consent, the parent who executed the consent delivers written notification of revocation to the agency or individual to which the parental rights are to be transferred.
(2) The parent complies with another instruction for revocation which was specifically stated in the consent under § 1106A(b)(2)c. of this title.
(3) The individual who executed the consent and the agency or individual that accepted the consent agree to its revocation.
Terms Used In Delaware Code Title 13 Sec. 1106B
- 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
- Dependent: A person dependent for support upon another.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Individual: means a human being. See Delaware Code Title 13 Sec. 1101
- neglected child: means as defined in § 901 of Title 10. See Delaware Code Title 13 Sec. 1101
- Parent: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
- Petitioner: means a petitioner in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
(b) The Court shall set aside a consent if the individual who executed the consent establishes at least 1 of the following:
(1) By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress.
(2) By a preponderance of the evidence that a condition permitting revocation has occurred, as expressly provided for in the consent under § 1106A(b)(2)c. of this title.
(c) If consent is revoked under this section, the Court must determine custody of the child as follows:
(1) If the individual who executed the consent had legal and physical custody of the child when the consent was executed, legal and physical custody of the child must be immediately returned to the individual, unless the Court finds that the child is a dependent child or neglected child as to the individual.
(2) If the individual who executed the consent did not have legal or physical custody of the child when the consent was executed, custody of the child must revert to the individual or organization that held custody when the consent was executed. If another ground for termination of parental rights exists under § 1103 of this title, the petitioner may proceed on that ground.