PARENTAL CONSENT TO ADOPTION

(Delaware – 13 Del. C. Ch. 9)

[// GUIDANCE: This template is drafted for private‐agency or direct‐placement adoptions under Delaware law. Modify bracketed terms, delete inapplicable provisions (e.g., Agency references in stepparent adoptions), and attach all statutorily required exhibits (e.g., counseling certificate).]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. Parental Consent to Adoption (the “Consent”).
2. Parties.
   a. “[BIRTH PARENT NAME]”, an individual residing at [ADDRESS] (“Consenting Parent”).
   b. “[ADOPTIVE PARENT NAME(S)]”, individual(s) residing at [ADDRESS] (“Adoptive Parent(s)”).
   c. “[LICENSED AGENCY NAME]”, a Delaware‐licensed child‐placing agency, located at [ADDRESS] (“Agency”) — if applicable.
3. Child. “[CHILD’S NAME]”, born on [DATE OF BIRTH] at [CITY/STATE] (the “Child”).
4. Effective Date. The later of:
   i. the date this Consent is executed at least seventy-two (72) hours after the Child’s birth, and
   ii. the date notarization is completed (the “Effective Date”).
5. Governing Law / Forum. This Consent is governed by 13 Del. C. Ch. 9 and related Delaware family-law authorities (“state_adoption_law”). Exclusive jurisdiction lies with the Family Court of the State of Delaware (“state_family_court”).

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Terms defined in this Section are used throughout this Consent:

“Counseling” means the non-directive counseling concerning adoption alternatives, parental rights, and support services, provided by a counselor meeting Delaware statutory qualifications and documented on Counseling Certificate (Exhibit B).

“Court” means the Family Court of the State of Delaware.

“Consent” has the meaning set forth in the Document Header.

“Consenting Parent” means the individual executing this Consent who is the Child’s legal parent and whose parental rights will be terminated upon entry of a final order of adoption.

“Revocation Period” means the statutorily permitted period during which this Consent may be withdrawn, specifically up to sixty (60) days after filing with the Court or until the Court enters a final decree of adoption, whichever occurs first, subject to Section VI.

“TPR” means termination of parental rights pursuant to 13 Del. C. Ch. 11.

[// GUIDANCE: Add or delete definitions to match transaction specifics.]

III. OPERATIVE PROVISIONS

3.1 Grant of Consent.
The Consenting Parent hereby irrevocably (subject to Section 6.1) consents to the adoption of the Child by the Adoptive Parent(s), permits the Agency (if any) to place the Child, and requests that the Court enter a final decree of adoption in favor of the Adoptive Parent(s).

3.2 Transfer of Custody.
a. Immediate Custody. Upon the Effective Date, the Consenting Parent relinquishes physical and legal custody to the Agency or, if no Agency, directly to the Adoptive Parent(s).
b. Permanent Placement. The Consenting Parent acknowledges that the permanent placement of the Child with the Adoptive Parent(s) is an essential condition of this Consent.

3.3 Consideration.
This Consent is supported by:
i. the mutual promises herein;
ii. the Agency’s and/or Adoptive Parent(s)’ undertaking of parental responsibilities; and
iii. the statutory benefits afforded to the Child through adoption.

3.4 Conditions Precedent.
a. Counseling Completion;
b. Expiration of the 72-hour post-birth waiting period;
c. Notarial Acknowledgment in compliance with 13 Del. C. § 907(f); and
d. Filing of this executed Consent with the Court.

3.5 No Monetary Exchange.
Other than statutory reimbursements approved under 13 Del. C. § 931, no compensation, gifts, or inducements have been offered to or accepted by the Consenting Parent.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority. The Consenting Parent is the Child’s legal parent and has full legal capacity to execute this Consent.

4.2 Voluntariness. This Consent is given knowingly, voluntarily, and free of coercion, fraud, or undue influence.

4.3 Counseling. The Consenting Parent received Counseling at least twenty-four (24) hours before executing this Consent, and the counselor’s certificate is attached as Exhibit B.

4.4 Disclosure. All material facts regarding the Child’s health, identity of prospective Adoptive Parent(s), and legal consequences of adoption have been disclosed to the Consenting Parent.

4.5 No Pending Actions. There is no pending litigation or administrative proceeding that would impair the effectiveness of this Consent, other than routine TPR proceedings.

4.6 Accuracy. All information provided herein and in supporting documents is true, correct, and complete in all material respects.

4.7 Survival. The representations and warranties in this Article IV survive execution and remain enforceable through the entry of a final adoption decree.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation. The Consenting Parent shall execute such further documents and testify, if requested, to facilitate the adoption.

5.2 Confidentiality. The Consenting Parent shall maintain the confidentiality of identifying information as required by 13 Del. C. § 923.

5.3 No Contact (Optional). [If applicable] The Consenting Parent agrees to refrain from direct contact with the Child absent a written Post-Adoption Contact Agreement approved by the Court.

VI. DEFAULT & REMEDIES

6.1 Withdrawal of Consent.
a. Statutory Right. The Consenting Parent may withdraw this Consent only by written revocation delivered to the Court within the Revocation Period (defined in Section II).
b. Post-Revocation Period. After the Revocation Period, withdrawal is permitted solely upon a judicial finding, by clear and convincing evidence, that this Consent was obtained by fraud or duress and that revocation serves the Child’s best interests.

6.2 Effect of Withdrawal. Upon valid revocation, custody of the Child reverts to the Consenting Parent, subject to any interim protective orders deemed necessary by the Court.

6.3 Attorney Fees & Costs. In any proceeding arising from an alleged invalidity or withdrawal of this Consent, the Court may award reasonable attorney fees and costs in accordance with 13 Del. C. § 914.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification & liability caps are “not_applicable” per metadata. This article is intentionally minimal.]

7.1 No Indemnification. The Parties acknowledge that this Consent does not create indemnification obligations.

7.2 Force Majeure. Performance under this Consent is excused to the extent rendered impossible by operation of law or court order.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Delaware substantive law (“state_adoption_law”) governs all matters arising out of or relating to this Consent.

8.2 Exclusive Forum. Any dispute shall be filed exclusively in the Family Court of the State of Delaware (“state_family_court”).

8.3 Arbitration. Arbitration is not available for adoption proceedings under Delaware law; all controversies shall be resolved by the Court.

8.4 Injunctive Relief. The Parties acknowledge the Court’s broad equitable powers to protect the Child’s welfare, including orders for permanent placement consistent with the Child’s best interests.

8.5 Jury Trial. Jury trial is unavailable in Delaware adoption proceedings (“no_jury_family_court”).

IX. GENERAL PROVISIONS

9.1 Entire Agreement. This Consent, together with its Exhibits, constitutes the complete agreement of the Parties regarding the subject matter and supersedes all prior understandings.

9.2 Amendments. Any amendment must (i) be in writing, (ii) signed by the Consenting Parent, the Agency (if any), and the Adoptive Parent(s), and (iii) approved by the Court.

9.3 Assignment. This Consent is personal to the Consenting Parent and may not be assigned.

9.4 Severability. If any provision is found unenforceable, the remaining provisions shall remain in full force, and the Court may reform the invalid provision to effectuate the Parties’ intent within legal limits.

9.5 Counterparts; Electronic Signatures. This Consent may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., DocuSign, PDF) are deemed valid to the fullest extent permitted by 6 Del. C. § 12A-101 et seq. (Delaware Uniform Electronic Transactions Act).

9.6 Successors. This Consent binds and benefits the Parties and their respective heirs, legal representatives, and permitted assigns.

X. EXECUTION BLOCK

[// GUIDANCE: Delaware requires notarization of the consenting parent’s signature—13 Del. C. § 907(f). Two witnesses are customary but not statutorily required. Confirm local court practice.]

A. Consenting Parent

[BIRTH PARENT NAME]

Date: _________

State of Delaware )
County of ______ ) ss.

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ____, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledged that (s)he executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ____

B. Adoptive Parent(s)

1. ---

   [ADOPTIVE PARENT #1 NAME]
   Date: _________

2. ---

   [ADOPTIVE PARENT #2 NAME]
   Date: _________

C. Agency Representative (if applicable)

[AUTHORIZED REPRESENTATIVE NAME & TITLE]
[LICENSED AGENCY NAME]
Date: _________

EXHIBITS

Exhibit A – Certified Copy of Child’s Birth Certificate
Exhibit B – Counseling Certificate (Statutory Form)
Exhibit C – Post-Adoption Contact Agreement (if any)
Exhibit D – Court Filing Cover Sheet

[// GUIDANCE: Attach additional documentation (e.g., medical history report, background checks) as required by 13 Del. C. §§ 912-915.]