Del. Code tit. 13 § 901

Current through 2024 Legislative Session Act Chapter 510
Section 901 - Definitions

For the purposes of this chapter:

(1) "Adoptee" means a person whose birth parent's or parents' rights were terminated or who has been adopted in this State.
(2) "Adult adoptee" means an adoptee who is 18 years of age or older.
(3) "Authorized agency" means any agency duly approved, certified, recognized or licensed by the proper authority of any other state or country in which that agency is located to place children for adoption.
(4) "Birth parent" means:
a. The biological mother of a child;
b. The named father of a child who consented to the termination of his parental rights; or
c. The father whose paternity is presumed pursuant to Chapter 8 of this title.
(5) "Child" means any male or female who has not attained his or her eighteenth birthday.
(6) "Department" means the Department of Services for Children, Youth and Their Families of this State.
(7) "Identified adoption" means an adoption in which the birth parents and adoptive parents first know each other, without the services or assistance of an intermediary, and then seek placement or adoption services from the Department, a licensed agency or an authorized agency.
(8) "Identifying information" means any data, including that described in § 929 of this title, that can distinguish a party to the adoption from the general public, and shall include, for purposes of subchapter III of this chapter, the full name, full address and birth date of the birth parent or parents and birth sibling or siblings, if any, as well as any other known names and addresses used by the birth parent or parents, birth sibling or siblings or the adoptee.
(9) "Intermediary" means any person for compensation and in his or her professional capacity, firm, corporation, organization or other legal entity, except the Department or a licensed agency, which in any way acts, or offers to act, as a link between a birth parent and an adoptive family in any proposed placement of a child or any person who receives remuneration for so acting or offering to act.
(10) "Legally free" means that there has been a prior termination or transfer of parental rights by judicial order.
(11) "Legally separated" means any person or persons who, by a decree of the appropriate court of any other state of the United States, other than a decree of absolute divorce, entered in accordance with the laws of that state, has been accorded the right to reside separate and apart from his or her spouse, or is a party to a decree of divorce from bed and board or its equivalent.
(12) "Licensed agency" means any agency granted a license by the Department of Education, Office of Child Care Licensing to provide adoption services in the State.
(13) "Original birth certificate" means the certificate issued at the time of birth of the child which contains identifying information regarding birth parents and the child's full name at birth and which may provide such details as the time and place of birth.
(14) "To place" includes any of the following activities, each of which may be performed only by the Department, a licensed agency or an authorized agency: The selection of an approved family for the child; the arrangement for the child's move into an adoptive home; or the relocation of the child with an adoptive family.

13 Del. C. § 901

Amended by Laws 2021, ch. 280,s 3, eff. 2/7/2022.
Code 1935, § 3550; 41 Del. Laws, c. 187, § 1; 43 Del. Laws, c. 207, § 1; 48 Del. Laws, c. 134, § 1; 13 Del. C. 1953, § 901; 57 Del. Laws, c. 363, § 1; 59 Del. Laws, c. 466, §§ 1, 2; 60 Del. Laws, c. 241, § 1; 62 Del. Laws, c. 420, §§1, 2; 64 Del. Laws, c. 108, §6; 68 Del. Laws, c. 259, §1; 69 Del. Laws, c. 433, §1; 70 Del. Laws, c. 186, § 1.;