CHAPTER 106

FORMERLY

SENATE BILL NO. 201

AN ACT TO AMEND SUBCHAPTER I, CHAPTER 9, TITLE 13, DELAWARE CODE, RELATING TO ADOPTIONS.

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

Section 1. Amend Subchapter I, Chapter 9, Title 13, Delaware Code, by redesignating §929 as §930 and adding thereto a new §929 to read as follows:

"§929. Exchange of Identifying Information

(a) As part of the adoption planning and placement process, the Department or authorized agency may provide, when in the best interest of the child, identifying Information to the birth parents) and to the adoptive parents) as follows:

(1) In the preplacement planning of adoption for children, identifying information shall be limited to the viewing of photographs, provided that such viewing Is with the consent of birth parents) and adoptive parents) and further provided that no additional Identifying information is contained in the photographs;

(2) After the placement selection process has been completed, and prior to the finalization of the adoption, identifying information may Include, but is not limited to, the exchange of names, addresses, photographs, and face to face meetings provided that:

(i) The birth parents) and adoptive parents) request the exchange of identifying Information in writing; and

(ii) birth parent(s), adoptive parents) and the Department or authorized agency agree to the exchange of identifying information as specified in writing; and

(iii) the birth parents) and adoptive parents) acknowledge in writing their understanding that no legal right of or assurance of continuing contact after finalization of the adoption exists; and

(iv) the birth parents) and adoptive parents) acknowledge in writing and under oath that there has been no violation of Section 928 of this title; and

(v) the written agreements and acknowledgements required by subparagraphs (l) to (iv) shall be attached to the social report required by Section 912 of this chapter.

(3) Written consent to the exchange of identifying information, duly acknowledged, must be given by any child 14 years of age or over unless the Department or authorized agency deems it to be In the best interest of the child that such consent be waived. Such consent, when obtained, or the waiver of consent shall be annexed to the social report required by Section 912 of this title as an exhibit thereto.

(b) The Department or authorized agency may participate in the exchange of identifying Information after the finalization of the adoption only with the agreement of the parties required to consent in accordance with subsection (a) or an order of the Court."

Section 2. Amend Section 924, Subchapter I, Chapter 9, Title 13 of the Delaware Code by adding at the beginning of the third sentence the following language:

"Except as otherwise provided in Section 929 of this title,"

Section 3. Amend Section 912, Subchapter I, Chapter 9, Title 13 of the Delaware Code by redesignating subsection (b)(7) as (b)(8) and adding a new subsection (b)(7) as follows:

"17) Copies of the documents required by Section 929 (2)(v) of this title when identifying Information has been exchanged;"

Approved July 13, 1989.