Title 13 — Domestic Relations

§ 201. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Civil union” means a legal union between 2 individuals of the same sex established pursuant to this chapter. (2) “Party” or “party to a civil union” means an individual who is a party to a ci…

§ 202. Eligibility to enter into a civil union. Persons shall be eligible to enter into a civil union only if such persons both are: (1) Not: a. A party to a civil union with a different person; b. A spouse in a marriage that is recognized as a marriage under Chapter 1 of this ti…

§ 203. Civil unions void; when. (a) A civil union is prohibited and void between a person and that person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin. (b) A civil union is prohibited, and is void from the time its…

§ 204. Status of children of civil unions. The rights of parties to a civil union, with respect to a child of whom either party becomes the parent during the term of the civil union, shall be the same as the rights (including presumptions of parentage) of married spouses with res…

§ 205. Solemnization; license to perform; refusal to join persons in a civil union. (a) A civil union entered into in this State shall become valid only upon completion of a solemnization in accordance with this section. (b) A clergyperson or minister of any religion, current and…

§ 206. Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties. (a) No persons may be joined in a civil union in this State unless both parties to such civil union: (1) Meet the requirements of § 202 of this title; (2) Have complied …

§ 207. Application for license for persons who wish to enter into a civil union. (a) Before any civil union license shall be issued by the issuing officer, the parties desiring to enter into a civil union shall together appear before such officer to be examined upon oath or affir…

§ 208. Forms for civil union license; certification of civil union. (a) The Department of Health and Social Services shall prescribe a civil union license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be nece…

§ 209. Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit; supplies of civil union licenses, books, and other forms. (a) The person who solemnizes a civil union shall, within 15 days after the solemnization of the civil union, ret…

§ 210. False statement; penalty. If any person applying for a civil union license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjur…

§ 211. Performance of civil union solemnization in violation of chapter; false certificate of civil union; penalties. Any person or religious society having authority to solemnize civil unions who performs a civil union solemnization without the presentation of a license issued p…

§ 212. Rights, benefits, protections and responsibilities of parties to a civil union. (a) Parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have all the same rights, protections and benefits, and shall be subject to the same re…

§ 213. Legal unions performed in other jurisdictions [Repealed].78 Del. Laws, c. 22, § 1; repealed by 79 Del. Laws, c. 19, § 5, eff. July 1, 2013.;

§ 214. Treatment of parties to a civil union for purposes of Delaware law. (a) A party to a civil union shall be included in any definition or use of the terms “dependent”, “family”, “husband and wife”, “immediate family”, “next of kin”, “spouse”, “stepparent”, “tenants by the en…

§ 215. Treatment of parties to a civil union for purposes of Chapter 1 of this title. Notwithstanding Chapter 1 of this title, no person who has entered into a valid civil union pursuant to this chapter, or who has entered into a valid legal union in any other jurisdiction that i…

§ 216. Dissolution of a civil union. A civil union entered into or otherwise recognized under this chapter may be dissolved in the same form and manner as marriages entered into or otherwise recognized under Chapter 1 of this title; provided, however, notwithstanding §§ 1504 and …

§ 217. Rules of construction. (a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. This chapter shall be broadly construed to accomplish its intended purposes. (b) The rule of constructi…

§ 218. Conversion of civil unions to marriages. (a) Notwithstanding the provisions of this chapter, no civil union licenses shall be issued, no persons shall be eligible to enter into new civil unions, and no new civil unions shall be solemnized, on or after July 1, 2013. (b) Not…

§ 401. Purpose and construction; definitions; remedies additional to existing remedies. (a) The purpose of this chapter is to enhance the enforcement of support obligations by providing a quick and effective procedure for the withholding of income derived in this jurisdiction to …

§ 402. Initiation of income withholding; cooperation with other jurisdictions. On behalf of any client for whom the Division of Child Support Services is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by …

§ 403. Entry of support order of another jurisdiction for income withholding. (a) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) of this section from an agency of another jurisdiction, the Division of Child Support Servic…

§ 404. Notice of proposed income withholding to obligor. (a) Upon the commencement of the income withholding, the obligor shall be notified that the withholding has commenced and of the procedures to follow if the obligor desires to contest such withholding on the grounds that th…

§ 405. Income withholding hearing. (a) At any hearing contesting proposed income withholding based on a support order entered under § 403 of this title, the entered order, accompanying sworn or certified statement, and a certified copy of an income withholding order, if any, stil…

§ 406. Income withholding order. If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the cour…

§ 407. Applicable enforcement provisions. The provisions of § 513(b)(6) through (11) of this title apply to income withholding based on a support order of another jurisdiction entered under this chapter.65 Del. Laws, c. 115, § 1;

§ 408. Distribution of collected support payments. (a) The income withholding order shall direct payment to be made to the state disbursement unit. The state disbursement unit shall promptly transmit payments received pursuant to an income withholding order based on a support ord…

§ 409. Changes in original order or jurisdiction. (a) The court, upon receiving a certified copy of any amendment or modification to a support order entered pursuant to § 403 of this title, shall amend or modify the income withholding order to conform to the modified support orde…

§ 410. Voluntary income withholding. Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the court a request for such withholding and a certified copy of the support order of a sister state. The court sha…

§ 411. Choice of law. (a) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement and duration of income withholding orders issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant …

§ 412. Employer liability. An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice.71 Del. Laws, c. 216, § 27;

§ 1101. Definitions. 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 Court of the State of Delaware. (5)…

§ 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. (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 plan which may or may not conte…

§ 1104. Eligibility to petition for termination of parental rights. 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 licensed agency. (4) A guardian or…

§ 1105. Contents of petition. (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 the child or the fact that no …

§ 1106. Consent requirements. (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 for an alleged father’s or pre…

§ 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. (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 to the address recited in the …

§ 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. (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 proceeding under this chapter. (3) A co…

§ 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…

§ 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;