CHAPTER 212 - ADOPTION

AN ACT TO AMEND CHAPTER 88 OF THE REVISED CODE OF THE STATE OF DELAWARE AS AMENDED BY CHAPTER 162, VOLUME 38, LAWS OF DELAWARE, AS THE SAME RELATES TO THE LAW OF ADOPTION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Paragraph 3064, Section 4 of Chapter 88 of the Revised Code of Delaware as amended by Chapter 162, Volume 38, Laws of Delaware, be and the same is hereby further amended by inserting the words "and/or known" after the words if living and before the semi-colon as the same appear in Line 4 of the second paragraph of said Paragraph 3064, Section 4; also by inserting the words "and/or are not known" after the words not living as the same appear before the comma in line 5 of the second paragraph of said Paragraph 3064, Section 4:

Section 2. That Paragraph 3064, Section 4, of Chapter 88 of the Revised Code of the State of Delaware as amended by Chapter 162, Volume 38, Laws of Delaware, be and the same is hereby further amended by striking out the following words as they appear in said Paragraph 3064, Section 4 under the heading Order of Reference, to-wit: "do make a careful and thorough investigation of this matter, and report the findings in writing to this Court, and in such investigation shall make the inquiries required by the Act of the General Assembly.

A copy, Teste:

____________________

Clerk"

and by inserting in lieu thereof the following "do make a careful and thorough investigation of this matter, and report the findings in writing to the Clerk of the Orphans' Court on or before thirty days from the date of such Order of Reference, and in such investigation shall make the inquiries required by the Act of the General Assembly.

A copy, Teste:

____________________

Judge"

Section 3. That Paragraph 3065, Section 5 of Chapter 88 of the Revised Code of Delaware as amended by Chapter 162, Volume 38, Laws of Delaware, be and the same is hereby further amended by striking out the word "Clerk", as it appears at the bottom of the form relating to Interlocutory Order of Adoption and inserting in lieu thereof the word "Judge."

Section 4. That Paragraph 3065, Section 5 of Chapter 88 of the Revised Code of Delaware as amended by Chapter 162, Volume 38, Laws of Delaware, be and the same is hereby further amended by striking out all of paragraph 3 of said Paragraph, Section 5 commencing with the words "upon expiration" and ending with the words "Adoption in the case" and inserting in lieu thereof the following: "Upon the expiration of the period of one year from the date of the filing of the preliminary report, the Judge, being satisfied that all proceedings have been taken in conformity with the provisions of this Act, and that the interests of all concerned are duly regarded, shall enter the final Decree of Adoption in the case, and the Clerk of the Orphans' Court shall issue a Certificate of Adoption which shall be in form as follows:

"CERTIFICATE OF ADOPTION

State of Delaware

SS.

__________ County

I, _____________ Clerk of the Orphans' Court of the State of Delaware in and for ______ County, being by law a court of competent jurisdiction, do hereby certify that under and by virtue of certain proceedings in said Court on the __________ day of ________ in the year of our Lord One Thousand

Nine Hundred and _______ the said Court did Decree the issuance to ___________ of a certificate of the adoption of ________ hereafter to be known as ______ a ___________ child _______ of age and did further order and decree that thenceforth and forever the said child should be known by the name of ________ and that all the duties, rights, privileges and obligations recognized by law between parent and child should exist between the said ________ as fully and to all intents and purposes as if the said ________ were the lawful and natural offspring or issue of the said _______

In Testimony Whereof, I have hereunto set my hand and the seal of said Court, at ________, this _________ day of ______, in the year of our Lord one thousand nine hundred and __________

_______________________

Clerk Orphans' Court"

Section 5. That Paragraph 3065, Section 5 of Chapter 88 of the Revised Code of Delaware as amended by Chapter 162, Volume 38, Laws of Delaware, be and the same is hereby further amended by striking out all of paragraph 4 of said Paragraph, Section 5 commencing with the words "upon the entry" and ending with the words "Order of Adoption" and inserting in lieu thereof the following "upon the entry of the final Decree of Adoption, the Clerk of the Orphans' Court shall mail to the State Board of Charities a certified copy of the action taken, giving the names and addresses of the natural parents, if known, or of the child's nearest of kin, the age and the name of such child both before and after adoption, and the names and addresses of the foster parents."

Section 6. That Paragraph 3065, of Chapter 88 of the Revised Code of Delaware as amended by Chapter 162, Volume 38, Laws of Delaware, be and the same is hereby further amended by striking out the word "Cleric" as it appears at the end of the final decree of adoption as the same appears in said Paragraph 3065, Section 5 and inserting in lieu thereof the word "Judge."

Section 7. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed in so far as such inconsistency does occur.

Approved April 24, 1935.