(a) A consent may be revoked if:
(1) Within 14 days of executing the consent, the parent who executed the consent notifies in writing the agency or individual to which the parental rights had been transferred that the parent revokes the consent;
(2) The parent complies with any other instructions for revocation which were specifically set forth in the consent; or
(3) The individual who executed the consent and the agency or individual that accepted the consent agrees to its revocation.
(b) The Court shall set aside a consent if the individual who executed the consent establishes:
(1) By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or
(2) By a preponderance of the evidence that a condition permitting revocation, as expressly provided for in the consent, has occurred.
(c) If consent is revoked pursuant to this section, custody of the child shall be determined as follows:
(1) If the individual who executed the consent had legal and physical custody of the child when the consent was executed, legal and physical custody of the child shall be immediately returned to the individual, unless the child is dependent or neglected;
(2) If the individual who executed the consent did not have legal and/or physical custody of the child when the consent was executed, custody of the child shall revert to the individual or organization that held custody at the time the consent was executed. If alternative grounds under § 1103 of this title for termination of parental rights exist, the petitioner may proceed on those grounds.
73 Del. Laws, c. 171, § 11.
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