CHAPTER 178

FORMERLY

HOUSE BILL NO. 498

AN ACT TO AMEND CHAPTER 9 AND CHAPTER 11, TITLE 13 OF THE DELAWARE CODE RELATING TO ADOPTION AND TERMINATION OF PARENTAL RIGHTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §908, Chapter 9, Title 13, Delaware Code by striking subparagraph (2) a. thereof in its entirety and substituting in lieu thereof a new subparagraph (2) a. to read as follows:

"a. By both parents of a child conceived or born out of wedlock; provided however that the consent of the alleged natural father need not contain an admission that he is the father. In the event that the named natural father disclaims paternity, an affidavit signed by him to that effect shall be attached to the petition in lieu of a consent from the natural father. It is further provided that in the event a petition containing statements described in §906 (7) b. (ii), (iii) or (iv) of this title is filed, after a hearing in which it is established on the record that the mother and the father of the child are not then living together as husband and wife openly and that they have not done so nor married since the birth of the child, the Court may, following consideration of the social report, dispense with the requirement of the father's consent in compliance with §929 of this Title."

Section 2. Amend §1101, Chapter 11, Title 13, Delaware Code by redesignating subsection (3) as subsection (4) and all subsequent subsections accordingly and by inserting a new subsection (3) to read as follows:

"(3) 'Child' means any male or female who has not attained his or her eighteenth birthday."

Section 3. Amend §1106, Chapter 9, Title 13, Delaware Code by striking subparagraph (2) a. thereof in its entirety and substituting in lieu thereof a new subparagraph (2) a. to read as follows:

"a. Both parents of a child born out of wedlock; provided, however, that the consent of the alleged natural father need not contain an admission that he is the father. In the event that the named natural father disclaims paternity, an affidavit signed by him to that effect shall be attached to the petition in lieu of a consent from the natural father. It is further provided that in the event of a petition containing statements described in 41105(a)(5) (ii), (iii) or (iv) of this title, after a hearing in which it is established on the record that the mother and father of the child are not living together as husband and wife openly and that they have not done so nor married since

the birth of the child, the Court may, following consideration of the social report, dispense with the requirement

of the father's consent in compliance with §1113 of this title."

Approved July 20, 1977.