Title 13, Domestic Relations

§ 926. Receiving child into State for adoption. No child shall be brought or received into the State for the purpose of adoption without the approval of the Department, pursuant to § 381 of Title 31. No petition for adoption of a child brought or received into this State in viola…

§ 927. Foreign adoptions; validity. (a) Adoptions finalized by a Court with appropriate jurisdiction in a foreign country or in another state or territory of the United States shall be valid in this State provided that the final adoption decree was issued in full accord with the …

§ 928. Contributions and fees [Effective until Dec. 6, 2026]. (a) No biological parent of any child whose adoption is proposed shall receive any contribution, fee, subsidy or emolument of any sort from any person or organization having any connection or association with the place…

§ 929. Exchange of identifying information. (a) As part of the adoption planning and placement process, the Department or licensed agency may provide, when in the best interest of the child, identifying information to the birth parent or parents and to the adoptive parent or pare…

§ 930. Advertising for adoption [Effective until Dec. 6, 2026]. No natural parent or prospective adoptive parent, nor anyone acting on behalf of such natural or prospective adoptive parent, and no person, firm, corporation, organization or other legal entity, except the Departmen…

§ 931. Penalties. Except as provided in this subchapter, whoever places a child in this State for the purpose of adoption, brings or receives a child from outside this State into this State for the purpose of adoption, advertises in this State regarding adoption services or for t…

§ 932. Interpretation. This chapter is designed to achieve without undue delay the paramount objectives of the best interest of the child, and all questions of interpretation shall be resolved with that objective in mind. Where there appears to be a conflict between the best inte…

§ 951. Who may adopt. The following persons, who desire to adopt any person or persons over 18 years of age, shall file a petition in the Family Court of the county in which any of the petitioner(s) or the person(s) to be adopted resides: (1) Any person petitioning individually; …

§ 952. Contents of petition. The petition shall state the name, sex and date of birth of the person or persons whose adoption is sought and that the petitioner or petitioners desire to adopt such person or persons. The petition shall be signed by the petitioner or petitioners.27 …

§ 953. Decree of adoption. If the petition complies with the requirements of §§ 951 and 952 of this title, and if the person or persons to be adopted appear in court and consent to the adoption, the Family Court may render a decree ordering the issuance of a certificate of adopti…

§ 954. Effect of adoption. Upon the issuance of the decree of adoption and forever thereafter, all the duties, rights, privileges and obligations recognized by law between parent and child shall exist between the petitioner or petitioners and the person or persons adopted, as ful…

§ 955. Record of adoption. The Clerk of Court shall file the petition and all papers pertaining thereto among the records of the Court, and shall record in the record book in which the record of other adoptions is kept all the proceedings in such case, together with the decree of…

§ 956. Costs. The costs shall be taxed by the Court on the petitioner or petitioners.27 Del. Laws, c. 263, §§ 1-3; Code 1915, § 3067; Code 1935, § 3553; 13 Del. C. 1953, § 956;

§ 961. Records. As of January 1, 1995, all adoption records presently maintained in the Prothonotary’s Office shall be transferred to Family Court for permanent retention.69 Del. Laws, c. 433, § 2;

§ 962. Search and reunion services. (a) An adoptee 21 years of age or older who has obtained a copy of a vital record under § 3110 of Title 16 may request that a licensed adoption agency assist in locating any of the following: (1) Either or both birth parents; (2) If a birth par…

§ 963. Immunity from liability. Any person or agency, including the State or any governmental subdivision of this State, who participated in good faith in any requirement of this subchapter, shall have immunity from any liability, civil or criminal, that results from such person’…

§ 964. Immunity from liability. Transferred.

§ 965. Affidavits. Repealed by 71 Del. Laws, c. 481, § 6, effective Jan. 18, 1999.

§ 1101. Definitions [Effective until Dec. 6, 2026]. As used in this chapter: (1) “Alleged father” means as defined in § 8-102 of this title. (2) “Child” means as defined in § 302 of Title 1. (3) “Conviction” means as defined in § 222 of Title 11. (4) “Court” means the Family Cour…

§ 1102. Jurisdiction and venue. (a) The Court has exclusive jurisdiction of proceedings under this chapter to terminate parental rights. (b) A petition for termination of parental rights may be filed in the Court of any of the following counties: (1) The county in which a parent …

§ 1103. Grounds for termination of parental rights [Effective until Dec. 6, 2026]. (a) The procedure for termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of a child by another …

§ 1104. Eligibility to petition for termination of parental rights [Effective until Dec. 6, 2026]. A petition for the termination of parental rights may be filed by any of the following: (1) A parent or presumed father of the child. (2) A relative of the child. (3) DSCYF or a lic…

§ 1105. Contents of petition [Effective until Dec. 6, 2026]. (a) A petition for the termination of parental rights must state all of the following: (1) The petitioner’s name and address. (2) The child’s name, date of birth, and place of birth. (3) The petitioner’s relationship to…

§ 1106. Consent requirements [Effective until Dec. 6, 2026]. (a) In a proceeding under § 1103(a)(1) of this title, consent is required from all of the following: (1) The mother, father, and, if applicable, presumed father of the child. a. An admission of paternity is not required…

§ 1106A. Contents of consent to terminate and transfer parental rights. (a) A consent to terminate and transfer parental rights must contain all of the following: (1) The date, place, and time of the execution of the consent. (2) The name, date of birth, and current mailing addre…

§ 1106B. Revocation of consent to termination and transfer of parental rights. (a) A consent may be revoked if any of the following occur: (1) Within 14 days of executing the consent, the parent who executed the consent delivers written notification of revocation to the agency or…

§ 1107. Time for hearing; preparation of social report. (a) If a petition for the termination of parental rights is filed and DSCYF or a licensed agency is a party to the proceedings, the Court shall set a date for a hearing on the petition and shall cause notice of the time, pla…

§ 1107A. Notice of hearing to terminate and transfer parental rights [Effective until Dec. 6, 2026]. (a) Notice of the time, place, and purpose of the hearing must be served upon the parent, person, or organization holding parental rights at the respondent’s last known address or…

§ 1108. Order of termination and transfer of parental rights. (a) If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child’s best interest, the Court sh…

§ 1109. Petition for transfer of parental rights of deceased parents. DSCYF or a licensed agency may file a petition to transfer the parental rights of a deceased parent if it appears that adoption is in the best interest of the child. A petition under this section must include a…

§ 1110. Appeals. Each party may, at any time within 30 days after the issuance of the written order, take an appeal therefrom to the Supreme Court.48 Del. Laws, c. 135, § 8; 13 Del. C. 1953, § 1109; 50 Del. Laws, c. 17, § 1; 68 Del. Laws, c. 276, § 1; 83 Del. Laws, c. 226, § 13;

§ 1111. Court costs. Except as provided under § 1107A of this title, the petitioner shall pay all court costs, including costs for giving notice and advertising. As used in this section, “court costs” does not include the respondent’s attorney fees.13 Del. C. 1953, § 1110; 50 Del…

§ 1112. Confidential nature of records [Effective until Dec. 6, 2026]. (a) (1) Each court record and docket relating to a proceeding under this chapter is confidential. (2) The Clerk of the Court shall keep in a sealed container each court record and docket relating to a proceedi…

§ 1113. Effect of termination of parental rights. (a) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, all of the rights, duties, privileges, and obligations recognized by law between th…

§ 1114. Placement for adoption and post-termination placement order. If the Court issues an order terminating existing parental rights and transferring them to DSCYF or a licensed agency, all of the following must occur: (1) The agency shall attempt to promptly place the child fo…

§ 1115. Interpretation. This chapter is intended to promote without undue delay the paramount objective of advancing the best interest of the child, and a question of interpretation must be construed liberally to achieve this legislative intent.59 Del. Laws, c. 466, § 23; 62 Del.…

§ 1116. Reinstatement of parental rights. (a) A petition for reinstatement of parental rights may be filed in Court on behalf of a child if all of the following conditions are met: (1) The child is at least 14 years old when the petition is filed. (2) Parental rights in the child…

§ 1301. Legitimating child conceived out of wedlock [Effective until Dec. 6, 2026]. A child conceived out of wedlock shall be legitimate if the parents shall marry before the birth of the child or if they shall marry after adjudication or acknowledgment of parentage after the bir…

§ 1302. Inheritance from illegitimate person dying intestate [Repealed].11 Del. Laws, c. 243, § 1; 24 Del. Laws, c. 224, § 1; Code 1915, § 3087; 32 Del. Laws, c. 184, § 7; Code 1935, § 3573; 13 Del. C. 1953, § 1302; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1; repealed by…

§ 1303. Inheritance from mother of illegitimate person [Repealed].Code 1915, § 3087A; 29 Del. Laws, c. 229, § 1; 30 Del. Laws, c. 200, § 1; Code 1935, § 3574; 13 Del. C. 1953, § 1303; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1; repealed by 85 Del. Laws, c. 156, § 6, effe…

§ 1304. Inheritance from father of illegitimate person [Repealed].11 Del. Laws, c. 243, § 1; 24 Del. Laws, c. 224, § 1; Code 1915, § 3087; 32 Del. Laws, c. 184, § 7; Code 1935, § 3573; 13 Del. C. 1953, § 1304; 55 Del. Laws, c. 179; 70 Del. Laws, c. 186, § 1; repealed by 85 Del. L…

§ 1305. Father’s liability for maintenance; payment to State Department of Health and Social Services. The father of an illegitimate child shall be bound to pay the State Department of Health and Social Services all charges it incurs, for maintenance, or otherwise, of such child …

§§ 1321-1335. Proceedings in illegitimacy; jurisdiction and venue; commencement; recognizance for appearance of putative father after birth of child; time of hearing; competency of mother to testify; dying declaration; deposition; competency of putative father to testify; order o…

§ 1501. Short title. This chapter shall be known and may be cited as the “Delaware Divorce and Annulment Act.”59 Del. Laws, c. 350, § 1;

§ 1502. Purpose; construction. This chapter shall be liberally construed and applied to promote its underlying purposes, which are: (1) To promote the amicable settlement of disputes that have arisen between parties to a marriage; (2) To mitigate the potential harm to spouses and…

§ 1503. Definitions. For purposes of this chapter: (1) “Actually resided” means was domiciled. (2) “Commencement of the action” means the time of filing the petition. (3) “Companion animal” means an animal kept primarily for companionship instead of as any of the following: a. A …