13 Del. C. § 2368 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2368
§ Â
        2368. Occurrence of event triggering appointment of standby guardian; confirmation petition.
Status: in_force

(a) Upon the occurrence of a triggering event set forth in an order appointing a standby guardian, the appointed standby guardian shall be empowered to assume the standby guardian duties immediately.

(b) If the triggering event is the incapacity or debilitation of the parent, legal custodian or guardian, the attending physician shall provide a copy of that physician’s determination to the appointed standby guardian if the guardian’s identity is known to the attending physician.

(c) Within 30 days following the assumption of guardianship duties, the appointed standby guardian shall petition the Court for confirmation. The confirmation petition shall include a determination of incapacity or debilitation, or a death certificate, as appropriate. If the petition is by an alternate appointed standby guardian, the petition shall include a statement that the appointed standby guardian is unable or unwilling to act, as the basis for the statement. Absent a judicial finding or determination of unfitness, the standby guardian’s power and authority shall commence immediately upon the occurrence of the triggering event and shall continue unimpeded until such time as the Court may hear the standby guardian’s petition for confirmation.

(d) The Court shall confirm an appointed standby guardian previously named and otherwise qualified to serve as guardian unless there is a judicial determination of unfitness with regard to the appointed standby guardian.

(e) A standby guardian may decline appointment at any time before the assumption of that standby guardian’s duties by filing a written statement to that effect with the Court, with notice to be provided to the petitioner and to the minor child if the latter is 14 years of age or older.

(f) Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the parent, legal custodian, or guardian of the minor child unless the petition states otherwise.

(g) A parent, legal custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the Court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation.

(h) A person who is judicially appointed as a standby guardian under this subchapter may at any time renounce the appointment by:

(1) Executing a written renunciation;

(2) Filing the renunciation with the Court; and

(3) Promptly notifying in writing the parent, legal custodian, or legal guardian of the renunciation.
13 Del. C. § 123 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 123
§ Â
        123. Marriage of minors; consent forms.
Status: repealed

(a) No individual under the age of 18 shall be granted a marriage license.

(b)-(f) [Repealed.]
13 Del. C. § 927 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 927
§ Â
        927. Foreign adoptions; validity.
Status: in_force

(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 adoption laws of that foreign country or that state or territory, and that the child was not brought into this State until after the finalization of adoption.

(b) No adoption proceeding or order therein which occurs in a foreign country or in another state or territory of the United States shall be valid or recognized by any court in this State as respects persons who are residents of this State where a child is brought into this State prior to the finalization of the adoption, unless the adoption proceedings shall be in substantial compliance with the adoption laws of this State. This subsection shall not apply to any adoption proceedings or order therein initiated in a foreign country or in another state or territory of the United States as respects persons who are not residents of this State at the time of the commencement of such adoption proceedings.

(c) Adoptive parents seeking an order certifying the validity of their foreign adoption decree shall file the decree with the Family Court in the county in which they reside. An affidavit shall be filed with the decree indicating that the decree was issued in accordance with the laws of the issuing jurisdiction and that the adopted child was not brought into Delaware until the adoption was finalized. Also included in the affidavit shall be the name by which the child is henceforth to be known. The Court shall review the affidavit, decree and other documents, and if the adoption meets the requirements of this section, the Court shall issue an order certifying the validity of the adoption including the child’s American name.
13 Del. C. § 8-610 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-610
§ Â
        8-610. Proceedings in which parentage may be determined.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, a determination of parentage may be made in a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, probate or administration of an estate, or other proceeding in which the parentage or nonparentage of the child is an element of the claim for relief or a defense, and such a determination is binding as provided in § 8-637 of this title. In a proceeding to establish child support, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 610 of this title and the final order provides for the support of the child by the man.

(b) Except as otherwise provided in subsection (a) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, probate or administration of an estate, or other appropriate proceeding.

(c) A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to adjudicate parentage brought under Chapter 6 of this title.
13 Del. C. § 6-605 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-605
§ Â
        6-605. Notice of registration of order.
Status: in_force

(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) A notice must inform the nonregistering party:

(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State;

(2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under § 6-707 of this title;

(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) Of the amount of any alleged arrearages.

(c) If the registering party asserts that 2 or more orders are in effect, a notice must also:

(1) Identify the 2 or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(2) Notify the nonregistering party of the right to a determination of which is the controlling order;

(3) State that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and

(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the income-withholding law of this State.
13 Del. C. § 8-703 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-703
§ Â
        8-703. Paternity of a child of assisted reproduction.
Status: in_force

(a) A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in § 8-704 of this title with intent to be the parent of her child, is a parent of the resulting child;

(b) The child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

(c) Parental rights shall vest in the intended parent or parents immediately upon the birth of the child;

(d) Custody of the child shall vest with the intended parent or parents immediately upon the birth of the child; and

(e) Neither the gestational carrier, if any, nor her spouse, shall be the parent of the child.
13 Del. C. § 8-637 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-637
§ Â
        8-637. Binding effect of determination of parentage.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:

(1) All signatories to an acknowledgment or denial of paternity as provided in subchapter III of this chapter;

(2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title;

(3) The child.

(b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title and the final order:

(1) Expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words indicating that the husband is the father of the child; or

(2) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.

(c) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.

(d) A party to an adjudication of paternity may challenge the adjudication only under law of this State relating to appeal, vacation of judgments or other judicial review.
13 Del. C. § 6-502 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-502
§ Â
        6-502. Employerâs compliance with income-withholding order of another state.
Status: in_force

(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.

(c) Except as otherwise provided in subsection (d) of this section and § 6-503 of this title, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

(1) The duration and amount of periodic payments of current child-support, stated as a sum certain;

(2) The person designated to receive payments and the address to which the payments are to be forwarded;

(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;

(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and

(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

(1) The employer’s fee for processing an income-withholding order;

(2) The maximum amount permitted to be withheld from the obligor’s income; and

(3) The times within which the employer must implement the withholding order and forward the child-support payment.
13 Del. C. § 1904 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1904
§ Â
        1904. Application to Indian tribes.
Status: in_force

(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of the state shall treat a tribe as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter.

(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III of this chapter.
13 Del. C. § 405 — Delaware Code / Title 13 / Chapter 4 / Section 405
§ Â
        405. Income withholding hearing.
Status: in_force

(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, still in effect shall constitute prima facie proof, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.

(b) Once a prima facie case has been established, the obligor may raise only those defenses set forth in § 513(b)(3) of this title. The burden shall be on the obligor to establish these defenses.

(c) If the obligor presents evidence which constitutes a full or partial defense, the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party; provided, however, that if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require income withholding for the payment of current support payments under the support order and of so much of any arrearages as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine those matters still in dispute as soon as possible, and if appropriate shall modify the withholding order to conform to that resolution.

(d) In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions or by personal appearance before the court by telephone or photographic means, or by any other device specified in § 6-316(f) of this title. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken.

(e) A court of this State may request the appropriate court or agency of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state and to forward to the court of this State certified copies of the evidence adduced in compliance with the request.

(f) Upon request of a court or agency of another state, the courts of this State which are competent to hear support matters may order a person in this State to appear at a hearing or disposition before the court to adduce evidence or to produce or give evidence under other procedures available in this State. A certified copy of the evidence adduced, such as a transcript or videotape, shall be forwarded by the Clerk of Court to the requesting court or agency.

(g) A person within this State may voluntarily testify by statement or affidavit in this State for use in a proceeding to obtain income withholding outside this State.
13 Del. C. § 8-621 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-621
§ Â
        8-621. Admissibility of results of genetic testing; expenses.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:

(1) Voluntarily or pursuant to an order of the court or a support-enforcement agency; or

(2) Before or after the commencement of the proceeding.

(b) A party objecting to the results of genetic testing may call 1 or more genetic-testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.

(c) If a child has a presumed, acknowledged or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:

(1) With the consent of both the mother and the presumed, acknowledged or adjudicated father; or

(2) Pursuant to an order of the court under § 8-502 of this title.

(d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:

(1) The amount of the charges billed; and

(2) That the charges were reasonable, necessary and customary.
13 Del. C. § 703 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 703
§ Â
        703. Services and earnings of minor child.
Status: in_force

The father and mother of a minor child are equally entitled to its services and earnings, and if 1 of the parents is dead or has abandoned the child or has been deprived of its custody by court decree the other parent shall be entitled to such services and earnings.
13 Del. C. § 907 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 907
§ Â
        907. Consent requirements.
Status: in_force

(a) A petition for adoption shall contain a consent to the proposed adoption. The consent shall be in writing, notarized and attached to the petition as an exhibit. If consent is obtained or given outside this State, it must be executed in accordance with this section and § 908 of this title.

(b) A written consent to adoption, duly acknowledged, must be given by any child 14 years of age or over unless the Court, upon further investigation or inquiry, deems it to be in the best interest of the child that such consent be waived. Such consent, when obtained, shall be attached to the petition as an exhibit thereto.
13 Del. C. § 2105 — Delaware Code / Title 13 / Chapter 21 / Section 2105
§ Â
        2105. Fatal and near death incident reviews.
Status: in_force

(a) (1) The Council shall have the power to investigate and review, through a review panel, the facts and circumstances of all deaths and near deaths that occur in Delaware as a result of domestic violence. “Near death” means a victim who has suffered life-threatening injuries. Deaths include both homicides and suicides resulting from domestic violence.

(2) The Division of Forensic Science shall submit to the Council a monthly report within 30 days of the last day of the previous month, of all the homicides and suicides that occurred in Delaware. The Attorney General, the Department of Services for Children Youth and Their Families, and any other state or local agency with knowledge of a domestic violence-related death or near-death incident shall report such incident to the Council within 14 days. The review of deaths or near deaths involving criminal investigations will require the authorization of the Attorney General’s office.

(3) Any case involving the death of any child under the age of 18 related to domestic violence will be reviewed jointly by the Child Protection Accountability Commission and the domestic violence fatal incident review panel. The death of a minor will only be reviewed by the domestic violence fatal incident review panel where the minor’s parents or guardians were involved in an abusive relationship and the minor’s death is directly related to that abuse.

(b) (1) There shall be a Fatal Incident Review Team that shall consist of 3 co-chairs to be elected by the Council. In addition to the co-chairs, the Review Team shall consist of:

a. The Attorney General or the Attorney General’s designee.

b. The Chief Defender or the Chief Defender’s designee.

c. The Director of the Division of Family Services or the Director’s designee.

d. The President Judge of the Superior Court, or the President Judge’s designee.

e. The Chief Judge of the Family Court or the Chief Judge’s designee.

f. The Chief Magistrate of the Justice of the Peace Courts or the Chief Magistrate’s designee.

g. The Director of the Division of Substance Abuse and Mental Health, or the Director’s designee.

h. The Commissioner of the Department of Correction or the Commissioner’s designee.

i. A law-enforcement officer to be appointed by the Delaware Police Chiefs’ Council.

j. A treatment provider from a certified batterers’ intervention program appointed by the Council.

k. Two victim advocates appointed by the Council.

l. A victim or survivor of domestic violence appointed by the Council.

m. A licensed health-care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council.

(2) All members of the Review Team, plus other individuals invited to participate, shall be considered part of the review panel for a particular case or incident. The Review Team shall invite other law-enforcement personnel to serve and participate as full members of a review panel in any case in which a law-enforcement agency has investigated the death or near death under review or any prior domestic violence incident involving the decedent or near death victim. The Review Team may also invite other relevant persons to serve on an ad-hoc basis and participate as full members of the review panel for a particular review. Such persons may include individuals with particular expertise that would be helpful to the review panel, representatives from those organizations or agencies that had contact with or provided services to the individual prior to that individual’s own death or near death, that individual’s abusive partner or family member, and the alleged perpetrator of the death or near death.

(c) A review panel shall be convened by the co-chairs of the Review Team on an as-needed basis and may also be convened by any 2 other members of the Review Team.

(d) As part of any review, a review panel shall have the power and authority to administer oaths and to compel the attendance of witnesses whose testimony is related to the death or near death under review and the production of records related to the death or near death under review by filing a praecipe for a subpoena, through the office of the Attorney General, with the Prothonotary of any County of this State. Such a subpoena will be effective throughout the State and service of such subpoena will be made by any sheriff. Failure to obey such a subpoena will be punishable according to the Rules of the Superior Court.

(e) Each review panel shall prepare a report, to be maintained by the Review Team, including a description of the incident reviewed, and the findings and recommendations of the review panel.

(f) Findings and recommendations by the panel shall be adopted only upon a 60 percent vote of participating members of the review panel.

(g) The Review Team shall establish rules and procedures to govern each review prior to the first review to be conducted. The Review Team shall issue an annual report to the Council summarizing in an aggregate fashion all findings and recommendations made over the year by each review panel and describing any systemic changes that were effectuated as a result of the panels work. The report shall not identify the specific case or case review that led to such findings and recommendations.

(h) The review process, and any records created therein, shall be exempt from the provisions of the Freedom of Information Act in Chapter 100 of Title 29. The records of any such review, including all original documents and documents produced in the review process with regard to the facts and circumstances of each death or near death, shall be confidential, shall be used by the Council only in the exercise of its proper function and shall not be disclosed. The records and proceedings shall not be available through court subpoena and shall not be subject to discovery. No person who participated in the review nor any member of the Council shall be required to make any statement as to what transpired during the review or information collected during the review. Statistical data and recommendations based on the reviews, however, may be released by the Council at its discretion.

(i) Members of the Domestic Violence Coordinating Council, members of the Review Team and members of each review panel, as well as their agents or employees, shall be immune from claims and shall not be subject to any suits, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed or recommendation made, provided such persons acted in good faith and without malice in carrying out their responsibilities; good faith is presumed until proven otherwise, with the complainant bearing the burden of proving malice or a lack of good faith. No organization, institution or person furnishing information, data, testimony, reports or records to the review panels or the Council as part of such an investigation shall, by reason of furnishing such information, be liable in damages or subject to any other recourse, civil or criminal.
13 Del. C. § 8-804 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-804
§ Â
        8-804. Parental status of gestational carrier.
Status: in_force

A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement.
13 Del. C. § 2511 — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2511
§ Â
        2511. Contents of DSCYF petition for custody.
Status: in_force

(a) The petition for DSCYF custody shall state:

(1) Name and address of the petitioning agency;

(2) Name, sex, date of birth of the child and, if known, the child’s school of origin;

(3) The name and address of the parents, alleged father or presumed father, and if applicable, the name and address of any custodian or guardian.

(4) If the name or address of any person or organization described in paragraph (a)(3) of this section is unavailable or unknown, DSCYF shall furnish detailed information concerning the efforts made to identify and locate such individual or organization;

(5) The DSCYF allegations of dependency, neglect, and/or abuse against each parent;

(6) Efforts, where practical, made by DSCYF to identify a fit and willing relative to care for the child;

(7) A statement regarding why continuing the placement of the child in the home of the parents, guardian, custodian or caretaker is contrary to the welfare of the child; and

(8) A statement why it is in the best interests of the child to be placed in DSCYF custody.
13 Del. C. § 506 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 506
§ Â
        506. Failure to support for just cause.
Status: in_force

No person shall be required to support another while there is just cause for failing or refusing to do so.
13 Del. C. § 8-609 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-609
§ Â
        8-609. Limitation: Child having acknowledged or adjudicated father.
Status: in_force

(a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under §§ 8-307 or 8-308 of this title.

(b) If a child has an acknowledged father or an adjudicated father, an individual who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than 2 years after the effective date of the acknowledgment or adjudication.

(c) A proceeding under this section is subject to the application of the principles of estoppel established in § 8-608 of this title.
13 Del. C. § 1509 — Delaware Code / Title 13 / Chapter 15 / Section 1509
§ Â
        1509. Preliminary injunction; interim orders pending final hearing.
Status: in_force

(a) Upon the filing of a petition for divorce or annulment, a preliminary injunction shall be issued against both parties to the action, enjoining them from:

(1) Transferring, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities of life, and requiring the parties to notify the other of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures after the preliminary injunction becomes effective; provided, however, that:

a. Subject to the provisions of paragraph (a)(1) of this section, this section shall not preclude a party from taking any action which will affect the disposition of property as a result of such party’s death. Such action shall be effective upon written notice (hereinafter the “Notice”) to the other party to the divorce or annulment proceeding.

b. If a party dies before entry of a final decree of divorce or annulment, any action affecting the disposition of property as a result of the party’s death, which was taken by the party after a preliminary injunction under this section was issued, shall be voidable, to the extent deemed appropriate, in the discretion of a court of competent jurisdiction, unless the parties have otherwise agreed in writing.

c. If any party to a divorce or annulment proceeding dies between the time of entry of the final decree of divorce or annulment and the final resolution of all pending ancillary issues, then:

1. In the case of “marital property,” as that term is defined in § 1513(b) of this title, there shall be a rebuttable presumption that the interests of a former spouse in such property shall be superior to the interests of any third-party claimant, payee or beneficiary in such property; and

2. In the case of property that is not “marital property,” as that term is defined in § 1513(b) of this title, there shall be a rebuttable presumption that the interests of any third-party claimant, payee or beneficiary in such property shall be superior to the interests of the former spouse in such property.

d. For purposes of this subsection:

1. The Notice shall include a description of all property that will be affected in the event of the party’s death, including specific contact information for the individuals or entities who will administer any property that will be affected, including, but not limited to, any trustees, individuals, or other entities administering insurance, accounts or property interests governed by transfer on death provisions, annuities, individual retirement accounts, stock options and qualified or nonqualified employee benefit plans;

2. The Notice shall include language similar to the following: “This Notice is being given to you as required under subsection (a)(1) of Section 1509 of Title 13 of the Delaware Code”; and

3. The Notice shall be delivered to the other party in any manner, including, but not limited to, certified or registered mail, to the last known address of the other party or the other party’s attorney in the divorce or annulment proceeding. Said notice shall be effective on the first to occur of the date of delivery or, in the case of delivery by certified or registered mail, the date of the first attempted delivery.

e. Notice shall be required under this subsection for the purpose of allowing the party receiving the Notice an opportunity to:

1. Protect that party’s rights under paragraphs (a)(1)a. and c. of this section in the event of the death of the other party to the divorce or annulment proceeding.

2. Take action to dispose of property under such party’s control as a result of death as authorized under this section.

f. A companion animal may not be transferred, encumbered, concealed, disposed of, or spayed or neutered without the written agreement of both parties.

(2) Molesting or disturbing the peace of the other party;

(3) Removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court;

(4) Utilizing credit cards or otherwise incurring any debt for which the other party is or may be liable except in connection with the marital litigation or necessities of life for the benefit of the party or the parties’ minor children.

The preliminary injunction shall be effective against the petitioner upon the filing of the petition for divorce or annulment. The preliminary injunction shall be effective against the respondent upon the first to occur of the following: service of a copy of the petition; the entry of appearance by the respondent or an attorney for the respondent; the filing of a responsive pleading in the action by the respondent or an attorney for the respondent; or any other written acknowledgment of the filing of the petition for divorce or annulment by the respondent or the respondent’s attorney.

(b) Petitioner in the petition for divorce or annulment, or by motion filed simultaneously with the petition, or either party by motion filed after the filing of the petition, may move for 1 or more of the following interim orders:

(1) For temporary alimony for the petitioner’s own;

(2) Restraining a party from transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business, for the necessities of life, or as authorized under paragraph (a)(1) of this section and, if so restrained, requiring that party to notify the moving party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the order is issued;

(3) Enjoining a party from molesting or disturbing the peace of the other party;

(4) Excluding a party from the family home or from the home of the other party even though such party has a legal or equitable interest in the same, upon a showing that physical or emotional harm might otherwise result;

(5) Requiring a party to make available to such party spouse designated personal property and/or fixtures, even though titled in such party’s name alone or jointly with someone else, upon such terms and conditions as the Court may impose;

(6) Requiring 1 party to pay such sum to the other party as deemed necessary to defray the other party’s expenses in conducting the proceedings;

(7) For support of a child under Chapter 5 of this title;

(8) For custody and/or visitation of a child under Chapter 7 of this title.

(c) A motion shall be accompanied by an affidavit setting forth the factual basis for the motion and any amounts of money requested. The Court may issue any of the above orders solely or collectively without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury would result to the moving party if an order were not issued until the time for responding has elapsed.

(d) Where appropriate under the facts and law, relief afforded a party under paragraphs (b)(1), (3), (4) and/or (5) of this section may be continued and/or included in the relief granted under § 1518(b) of this title.
13 Del. C. § 6-308 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-308
§ Â
        6-308. Duty of state official or agency.
Status: in_force

(a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

(b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination.
13 Del. C. § 918 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 918
§ Â
        918. Finality of decree of adoption.
Status: in_force

Upon the expiration of 6 months from the date of the entry of the decree of adoption, any irregularities in the proceedings shall be deemed cured, and the validity of such decree shall not thereafter be subject to attack either through collateral or direct proceedings.
13 Del. C. § 519 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 519
§ Â
        519. Child support liens.
Status: repealed

Repealed by 71 Del. Laws, c. 216, § 160, effective July 25, 1997.
13 Del. C. § 8-705 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-705
§ Â
        8-705. Limitation on husbandâs dispute of paternity.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.

(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

(1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted reproduction by his wife;

(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

(3) The husband never openly held out the child as his own.

(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
13 Del. C. § 2401 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2401
§ Â
        2401. Intent and purpose.
Status: in_force

(a) The General Assembly hereby declares that there is a need for a clear statutory framework for the proper procedures and requirements for visitation between children and persons other than their parents. The General Assembly further declares that, with the exception of Department of Services for Children, Youth and their Families (DSCYF), guardianship as set forth in Chapter 23 of this title is the appropriate legal authority for persons who wish to pursue legal custodial and guardianship rights over a child for which they are not the parent.

(b) This chapter shall be liberally construed so that these purposes may be realized. To that extent, modification of any orders pertaining to visitation involving persons other than parents that were entered under previous versions of the Code shall now be considered under this chapter. Modification of any orders pertaining to custody involving persons other than parents that were entered under previous versions of the Code shall now be considered under Chapter 23 of this title.
13 Del. C. § 726 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 726
§ Â
        726. Hearings.
Status: in_force

(a) The Court without a jury shall determine questions of law and fact. All hearings and trials shall be conducted in private but the Court may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the Court.

(b) If the Court finds it necessary to protect the child’s welfare, that the record of any interview, report, investigation or testimony in a custody proceeding be kept secret, the Court shall make an appropriate order sealing the record.

(c) The Court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the Court deems necessary to determine the best interests of the child.
13 Del. C. § 1518 — Delaware Code / Title 13 / Chapter 15 / Section 1518
§ Â
        1518. Decree in divorce or annulment proceedings; costs; notice of entry; effect on mentally incompetent spouse; effect on subsequent petitions; temporary alimony.
Status: repealed

(a) A decree granting or denying a petition for divorce or annulment is final when entered, subject to the right of appeal. An appeal that does not challenge the decree of divorce or annulment, but challenges only rulings with respect to relief awarded under other sections of this chapter, or other matters incidental or collateral to such decree, shall not delay the finality of the decree of divorce or annulment, and the parties may remarry while the appeal is pending.

(b) Whenever the Court enters a decree granting a petition for divorce or annulment, a certified copy of such decree shall be made available to the parties within 30 days after such ruling; but following a contested proceeding, such a copy of the decree shall only be made available to the parties 30 days after such ruling, and after the furnishing of such proof as the Court may require that no appeal challenging the decree of divorce or annulment is pending.

(c) In the decree granting or denying a petition for divorce or annulment, or by separate order or orders preceding or following such decree, the Court shall dispose of all other prayers for relief, where appropriate under the facts and law; but an application for such relief and a hearing thereon must be presented in the petition or response, or by motion after notice to the other party prior to the entry or denial of such decree.

(d) Court costs, including any fee for the services of an attorney allowed by the Court, shall be taxed by the Court at or about the time of the granting or denial of the decree of divorce or annulment, at the time of disposition of other prayers for relief in accordance with subsection (c) of this section, following the disposition of an appeal, or at such other time or times as the Court may deem appropriate.

(e) The Clerk of the Family Court shall give notice of the entry of a decree of divorce or annulment:

(1) If the marriage is registered in this State, to the clerk of the peace of the county where the marriage is registered and such clerk shall enter the fact of divorce or annulment in such clerk’s records; or

(2) If the marriage is registered in another jurisdiction, to the appropriate official of that jurisdiction, with the request that such official enter the fact of divorce or annulment in the appropriate record.

(f) No decree that may enter shall relieve a spouse from any obligation imposed by law as a result of the marriage for the support or maintenance of a spouse adjudicated to be mentally incompetent prior to the decree, unless such spouse has sufficient property or means of support.

(g) A decree denying a petition for divorce or annulment shall not foreclose a subsequent petition for such relief if the subsequent petition involves factual or legal premises not directly or by necessary implication decided by the decree on the former petition.

(h) [Repealed.]
13 Del. C. § 6-313 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-313
§ Â
        6-313. Costs and fees.
Status: in_force

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under subchapter VI of this chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
13 Del. C. § 8-612 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-612
§ Â
        8-612. Child as party; representation.
Status: in_force

(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter.

(b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.

(c) Where all necessary parties to a parentage action agree to genetic testing despite the availability of affirmative defenses, they shall be presumed to be adequately representing the interests of the child subject to the court’s consideration of the factors recited in § 8-608(b) of this title.
13 Del. C. § 6-105 — Delaware Code / Title 13 / Chapter 6 / Subchapter I / Section 6-105
§ Â
        6-105. Application of chapter to resident of foreign country and foreign support proceeding.
Status: in_force

(a) A tribunal of this State shall apply subchapters I through VI of this chapter and, as applicable, subchapter VII of this chapter, to a support proceeding involving:

(1) A foreign support order;

(2) A foreign tribunal; or

(3) An obligee, obligor, or child residing in a foreign country.

(b) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provision of subchapters I through VI of this chapter.

(c) Subchapter VII of this chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of subchapter VII of this chapter is inconsistent with subchapters I through VI of this chapter, subchapter VII controls.
13 Del. C. § 6-204 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-204
§ Â
        6-204. Simultaneous proceedings.
Status: in_force

(a) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) If relevant, this State is the home state of the child.

(b) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;

(2) The contesting party timely challenges the exercise of jurisdiction in this State; and

(3) If relevant, the other state or foreign country is the home state of the child.
13 Del. C. § 904 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 904
§ Â
        904. Placement and supervision for adoption.
Status: in_force

(a) No petition for adoption shall be presented unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by the Department, a licensed agency or an authorized agency, and the placement has been supervised by the Department or a licensed agency, but no such placement or supervision shall be necessary in the case of:

(1) A child sought to be adopted by a stepparent;

(2) A child sought to be adopted by a blood relative, except as provided in § 926 of this title;

(3) A child sought to be adopted by a guardian or permanent guardian so long as guardianship or permanent guardianship has been granted for at least 6 months prior to filing the adoption petition.

(b) No placement for an identified adoption in which an intermediary has been involved shall be approved or permitted by the Department or a licensed agency.

(c) No child shall be placed for adoption in this State pursuant to § 926 of this title unless the placement is approved and supervised by the Department or a licensed agency.

(d) When the prospective adoptive parents are legal residents of the State, but live elsewhere, the approval and supervision required by this section shall be provided by an authorized agency located in close proximity to the family, as will the social report required by § 912 of this title.

(e) An adoptive placement shall not be made until a preplacement evaluation that complies with the Delaware Requirements for Child Placing Agencies has been completed by the Department or licensed agency.
13 Del. C. § 2366 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2366
§ Â
        2366. Contents of standby guardianship petition.
Status: in_force

A petition for standby guardianship shall contain all of the information required by § 2322 of this title, as well as the following information:

(1) Name and address of the custodian or guardian of the child, if not otherwise provided for in the petition;

(2) In addition to the name and address of the proposed standby guardian;

(3) Which triggering event or events shall cause the authority of the appointed standby guardian to become effective;

(4) That there is a significant risk that the parent, custodian or guardian will die, become incapacitated or become debilitated within 2 years of the filing of the petition, supported by documentation from the attending physician; and

(5) If applicable, the name, address, of the proposed alternate standby guardian.
13 Del. C. § 6-302 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-302
§ Â
        6-302. Proceeding by minor parent.
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
13 Del. C. § 122 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 122
§ Â
        122. Marriage license application.
Status: in_force

(a) The marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The marriage license application shall include the following information and such other information as prescribed by the Department of Health and Social Services: date of application, full name, sex, Social Security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and termination of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and time of application.

(b) The application shall contain a certification by each applicant that each applicant is not of a prohibited degree of relationship.

(c) The applicants and issuing officer shall sign the application and the issuing officer shall certify as follows:

“I believe neither party is now under the influence of intoxicating liquor nor a narcotic drug. I have demanded and examined such papers as are required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed marriage of the above applicants.”

The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such certification is required.
13 Del. C. § 710A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 710A
§ Â
        710A. Sexual abuse.
Status: repealed

Repealed by 76 Del. Laws, c. 174, § 5, effective July 31, 2007.
13 Del. C. § 1935 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1935
§ Â
        1935. Enforcement of registered determination.
Status: in_force

(a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child custody determination made by a court of another state.

(b) A court of this State shall recognize and enforce, but may not modify, except in accordance with subchapter II of this chapter, a registered child custody determination of a court of another state.
13 Del. C. § 8-405 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-405
§ Â
        8-405. Termination of parental rights; child at least 1 year of age.
Status: in_force

(a) If a child has attained 1 year of age, notice of a proceeding for adoption of, or termination of parental rights regarding the child must be given to every alleged father of the child, whether or not he has registered with the Office of Vital Statistics.

(b) Notice must be given in a manner prescribed for service of process in a civil action.
13 Del. C. § 6-206 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-206
§ Â
        6-206. Continuing jurisdiction to enforce child-support order.
Status: in_force

(a) A tribunal of this State that has issued a child-support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
13 Del. C. § 8-812 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-812
§ Â
        8-812. Irrevocability.
Status: in_force

No action to invalidate a gestational carrier agreement meeting the requirements of § 8-807(b) of this title or to challenge the rights of parentage established pursuant to this subchapter shall commence after 12 months from the date of birth of the child subject to § 8-606(e) of this title.
13 Del. C. § 8-605 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-605
§ Â
        8-605. Venue.
Status: in_force

Venue for a proceeding to adjudicate parentage is in the county of this State in which:

(1) The child resides or is found;

(2) The respondent resides or is found if the child does not reside in this State; or

(3) A proceeding for probate or administration of the presumed or alleged father’s estate has been commenced.
13 Del. C. § 1513 — Delaware Code / Title 13 / Chapter 15 / Section 1513
§ Â
        1513. Disposition of marital property; imposition of lien; insurance policies.
Status: in_force

(a) In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors including:

(1) The length of the marriage;

(2) Any prior marriage of the party;

(3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;

(4) Whether the property award is in lieu of or in addition to alimony;

(5) The opportunity of each for future acquisitions of capital assets and income;

(6) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife;

(7) The value of the property set apart to each party;

(8) The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live;

(9) Whether the property was acquired by gift, except those gifts excluded by paragraph (b)(1) of this section;

(10) The debts of the parties; and

(11) Tax consequences.

(b) For purposes of this chapter only, “marital property” means all of the following:

(1) All property acquired by either party subsequent to the marriage, except any of the following:

a. Property acquired by an individual spouse by bequest, devise, or descent or by gift, including a gift in trust (but excluding gifts between spouses that are made outright and free from trust), if any of the following apply:

1. The gifted property is titled and maintained in the sole name of the donee spouse.

2. The gifted property is held in a trust created by another person, of which trust the donee spouse is a beneficiary, regardless of whether other individuals are beneficiaries of the same trust.

3. A gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or in a trust of which the donee spouse is a beneficiary.

4. A notarized or other validly-executed document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer.

5. Unless the trust instrument expressly provides otherwise, the gifted property is held in a trust created by a donor spouse, of which trust the donee spouse is a beneficiary, regardless of whether other individuals are beneficiaries of the same trust.

b. Property acquired in exchange for property acquired prior to the marriage.

c. Property excluded by valid agreement of the parties.

d. The increase in value of property acquired prior to the marriage.

(2) All jointly-titled real property acquired by the parties prior to their marriage, unless excluded by valid agreement of the parties. For purposes of this paragraph (b)(2), “jointly-titled real property” includes joint tenancy, tenancy in common, and any other form of co-ownership.

(c) All property acquired by either party subsequent to the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in paragraphs (b)(1)a. through d. of this section. Property transferred by gift from 1 spouse to the other during the marriage is marital property.

(d) The Court may also impose a lien or charge upon the marital property assigned to a party as security for the payment of alimony or other allowance or award for the other party.

(e) The Court may also direct the continued maintenance and beneficiary designations of existing policies insuring the life of either party. The Court’s power under this subsection shall extend only to policies originally purchased during the marriage and owned by or within the effective control of either party.

(f) The Court may order a party to execute and deliver any deed, document or other paper necessary to effectuate an order entered under this chapter, and if the party so ordered fails to do what such party has been ordered to do, the Court, in addition to any penalty or sanction it may decide to impose upon that party for such disobedience, may direct the Clerk of the Court to do what the party was ordered to do, and such performance by the Clerk shall be as effective as the performance of the party would have been.

(g) (1) If the Court finds that a companion animal of the parties is marital property, it shall award ownership of and responsibility for the companion animal to 1 or both of the parties and may include responsibility for veterinary or other extraordinary expenses.

(2) In issuing an order under paragraph (g)(1) of this section, the Court shall take into consideration the well-being of the companion animal. In determining the well-being of the companion animal, the Court may consider factors such as:

a. The ability of each party to own, support, and provide necessary care for the companion animal.

b. The attachment between the companion animal and each of the parties.

c. The time and effort each party spent with the companion animal during the marriage tending to the companion animal’s needs.

(3) If the parties are awarded a shared interest in a companion animal, the Court shall limit the subsequent disposition of the companion animal to the following:

a. The parties may jointly transfer their combined interests to a third party.

b. One party may in writing irrevocably surrender their interest to the other party.

c. Upon the death of 1 party, all interest shall transfer to the surviving party.

d. Upon a substantial change of circumstances, either party may petition the Family Court to be awarded sole ownership based upon the welfare of the companion animal and the totality of the circumstances.

(h) A spouse’s beneficial interest in property held in a trust created by another person, which property interest is described in § 3315(b) of Title 12, is not property acquired by the spouse.
13 Del. C. § 2102 — Delaware Code / Title 13 / Chapter 21 / Section 2102
§ Â
        2102. Composition [For application of this section, see 81 Del. Laws, c. 241, Â 2].
Status: in_force

The Council shall consist of the following members:

(1) The Chief Judge of the Family Court;

(2) Two members of the House of Representatives (1 from each caucus) appointed by the Speaker of the House of Representatives.

(3) Two members of the Senate (1 from each caucus) appointed by the President Pro Tempore of the Senate.

(4) The Attorney General;

(5) The Chief Defender;

(6) The Secretary of the Department of Safety and Homeland Security;

(7) A representative of the law-enforcement community appointed by the Secretary of the Department of Safety and Homeland Security;

(8) The President Judge of the Superior Court;

(9) The Commissioner of the Department of Correction;

(10) The Secretary of the Department of Services for Children, Youth and Their Families;

(11) A judicial officer from the Court of Common Pleas to be appointed by the Chief Judge of the Court of Common Pleas.

(12) The Chief Magistrate of the Justice of the Peace Court.

(13) Seven members elected by the Council as follows: 1 member representing victims or survivors of domestic violence, 1 member representing victims or survivors of sexual assault, 1 member representing the health care community, and 4 members of the public.

a. The term of the at-large members elected by the Council shall be 3 years. At-large members may be eligible for reelection.

b. In case of a vacancy before the expiration of an at-large member’s term, a successor shall be elected by the Council within 60 days of the vacancy.

c. At-large members may be removed by the Council if they do not attend 2 or more consecutive Council meetings.
13 Del. C. § 8-801 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-801
§ Â
        8-801. Short title.
Status: in_force

This subchapter may be cited as the “Gestational Carrier Agreement Act.”
13 Del. C. § 8-422 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-422
§ Â
        8-422. Certificate of search registry.
Status: in_force

(a) The Office of Vital Statistics shall furnish to the requester a certificate of search of the registry on request of an individual, court or agency identified in § 8-412 of this title.

(b) A certificate provided by the Office of Vital Statistics must be signed on behalf of the Office and State that:

(1) A search has been made of the registry; and

(2) A registration containing the information required to identify the registrant:

(i) Has been found and is attached to the certificate of search; or

(ii) Has not been found.

(c) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.
13 Del. C. § 1936 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1936
§ Â
        1936. Simultaneous proceedings.
Status: in_force

If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter II of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
13 Del. C. § 8-203 — Delaware Code / Title 13 / Chapter 8 / Subchapter II / Section 8-203
§ Â
        8-203. Consequences of establishment of parentage.
Status: in_force

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this State.
13 Del. C. § 105 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 105
§ Â
        105. Status of children of prohibited marriages.
Status: in_force

Children of void or voidable marriages shall be deemed to be legitimate.
13 Del. C. § 2216 — Delaware Code / Title 13 / Chapter 22 / Section 2216
§ Â
        2216. Driverâs, professional, occupational and business and recreational licenses.
Status: in_force

(a) As used in this section and in § 516(g) of this title, the term “license” means a commercial driver license or license to operate a motor vehicle issued or renewed under Chapter 26 or 27 of Title 21, a hunting, fishing or trapping license issued or renewed under Chapter 5 of Title 7, and a license, permit, certificate, approval, registration or other similar form of permission or authorization to practice or engage in any profession, occupation or business, issued or renewed by the Division of Revenue under Chapter 23, 25, 27 or 29 of Title 30, or by any commission, board or agency under the authority of the Division of Professional Regulation which is named in § 8735 of Title 29 (but not including any license issued on behalf of a nonprofit applicant by the Board of Charitable Gaming as set forth in Chapter 15 of Title 28).

(b) In order to provide for the denial or suspension of licenses to delinquent child support obligors, the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and the Director of the Division of Professional Regulation shall each enter into a cooperative agreement with the Director of the Division of Child Support Services to make available or otherwise provide to the Director of the Division of Child Support Services information regarding any person who applies for or holds a license issued or renewed by their respective divisions. The specific information and the manner and frequency with which it is made available or otherwise provided to the Division of Child Support Services shall be as determined by each cooperative agreement, but such information shall be made available or otherwise provided at least once each calendar year. Each cooperative agreement shall be revised as necessary to effectuate the provisions and purposes of this section. From such information provided by the Division of Motor Vehicles, the Division of Revenue, the Division of Fish and Wildlife and the Division of Professional Regulation, the Division of Child Support Services, at such intervals as it determines, may identify such applicants or licensees who are delinquent child support obligors as described in this section, and undertake enforcement action pursuant to this section.

(c) Subject to the notice and hearing provisions of this section, the Director of the Division of Child Support Services may give notice that a license shall not be issued or renewed by the Division of Motor Vehicles, the Division of Revenue, the Division of Fish and Wildlife or by any commission, board or agency under the authority of the Division of Professional Regulation which is named in § 8735 of Title 29 if:

(1) The applicant is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any paternity or child support proceeding in a case enforced by the Division of Child Support Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.); or

(2) The applicant is under an order of the Family Court to pay child support in a case enforced by the Division of Child Support Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), owes $1,000 or more in arrears or retroactive support, and is 30 or more days delinquent in payment of the support order.

(d) Subject to the notice and hearing provisions of this section, the Director of the Division of Child Support Services may give notice that a license issued by the Division of Motor Vehicles, the Division of Revenue, the Division of Fish and Wildlife or by any commission, board or agency under the authority of the Division of Professional Regulation which is named in § 8735 of Title 29 shall be suspended if:

(1) The licensee is the subject of an outstanding capias or bench warrant issued by the Family Court for failure to appear at any paternity or child support proceeding in a case enforced by the Division of Child Support Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.); or

(2) The licensee is under an order of the Family Court to pay child support in a case enforced by the Division of Child Support Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), owes $1,000 or more in arrears or retroactive support, and is 30 or more days delinquent in payment of the support order.

(e) The Director of the Division of Child Support Services shall give written notice of the proposed denial or suspension of a license to the obligor, together with the amount of arrears or retroactive support and the date of the last payment on the child support order. The denial or suspension of the license becomes effective upon final written notice to the obligor from the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation unless, within 20 days of the date the notice of proposed denial or suspension is mailed by the Director of the Division of Child Support Services, the obligor:

(1) Requests in writing an administrative hearing before the Director of the Division of Child Support Services or the Director’s designee;

(2) Pays the arrears or retroactive support in full;

(3) Surrenders to the Family Court on any outstanding capias or bench warrant and pays any arrears or retroactive support in full; or

(4) Consents to a payment plan acceptable to the Director of the Division of Child Support Services or the Director’s designee, and fully complies therewith.

(f) The Director of the Division of Child Support Services or the Director’s designee shall convene a hearing within 30 days after receipt of the obligor’s timely written request, and shall issue a written decision within 5 working days after the hearing. The only issues to be addressed at the hearing are whether the applicant or licensee is the obligor named in the child support order; whether the obligor owes $1,000 or more in arrears or retroactive support; and whether the obligor is 30 or more days delinquent in payment of the child support order. No evidence of the appropriateness of the child support order or of the obligor’s ability to comply shall be received or considered at the hearing. The records of the Division of Child Support Services shall be presumptive of the amount of arrears or retroactive child support and of the obligor’s payment history.

(g) If the obligor fails to timely request a hearing or to otherwise timely comply with the requirements of subsection (e) of this section to avoid denial or suspension of the license, upon the issuance of a written decision adverse to the obligor after a hearing, or upon order of the Family Court pursuant to § 516(g) of this title, the Director of the Division of Child Support Services may notify the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation that the provisions of this section for denial or suspension of the obligor’s license have been met. Such notification may be made electronically, by computer or by such other means as the Director of the Division of Child Support Services and the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and the Director of the Division of Professional Regulation may agree, and such notification shall constitute sufficient authority for the denial or suspension of any license. The Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation shall forthwith deny the issuance or renewal of any license, or suspend the same, and so notify the applicant or licensee in writing. The notice from the Director of the Division of Child Support Services shall be conclusive, and the action of the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation in compliance therewith shall be effective 4 days after the date notice of same is mailed to the obligor at the address on record at the Division of Motor Vehicles, the Division of Revenue, the Division of Fish and Wildlife or the Division of Professional Regulation. The obligor shall remain ineligible for the issuance, renewal or reinstatement of any license until the obligor obtains from the Director of the Division of Child Support Services or the Director’s designee written certification that the grounds for denial or suspension of a license under this section no longer exist or by order of the Family Court pursuant to § 516(h) of this title.

(h) Except as otherwise provided herein, all hearings and proceedings under this section shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29.

(i) The obligor may appeal a decision entered after a hearing under this section to the Family Court. The appeal shall be filed within 30 days of the day the notice of decision is mailed by the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife or the Director of the Division of Professional Regulation. The appeal shall be on the record to the Family Court and shall be as provided in §§ 10102(4) and 10142 through 10145 of Title 29.

(j) The process described in this section shall constitute the sole remedy for contesting the denial or suspension of a license based on the grounds in this section.

(k) The remedies provided in this section shall be in addition to any other remedies for the enforcement of a support order.

(l) Nothing in this section shall be construed as limiting the Family Court’s authority to order the denial or suspension of any license as provided in § 516(g) of this title. Failure of the Family Court to order denial or suspension of a license under § 516(g) of this title shall not in any way limit or affect the authority to deny or suspend a license as provided in this section except as provided in § 516(h) of this title.

(m) The Director of the Division of Child Support Services may enter into such agreements with the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife, the Director of the Division of Professional Regulation and such other agencies as may be appropriate to effectuate the purposes of this section.
13 Del. C. § 8-901 — Delaware Code / Title 13 / Chapter 8 / Subchapter IX / Section 8-901
§ Â
        8-901. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
13 Del. C. § 2513 — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2513
§ Â
        2513. Termination, modification or rescission of DSCYF custody order.
Status: in_force

(a) Termination. — Except as otherwise specified in this chapter, DSCYF custody of a child terminates:

(1) Upon the child’s death;

(2) Upon adoption of the child;

(3) When the child reaches the age of majority;

(4) Upon the granting of a guardianship petition pursuant to Chapter 23 of this title; or

(5) As otherwise ordered by the Court.

(b) Modification. — Except as otherwise specified in this chapter, a DSCYF custody order may be modified at any time. In making a determination to modify the order the Court shall apply the best interests of the child standard and Chapter 7A and § 728(d)-(f) of this title, if applicable.

(c) Rescission. — Except as otherwise specified in this chapter, DSCYF custody may be rescinded upon a judicial determination that the child is no longer dependent, neglected or abused in the parent’s care. The Court may rescind custody to the original custodial arrangement between the parents or an alternative custodial arrangement as determined by the Court to be in the child’s best interests.
13 Del. C. § 206 — Delaware Code / Title 13 / Chapter 2 / Section 206
§ Â
        206. Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties.
Status: in_force

(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 with § 207 of this title; and

(3) Have been issued a license by a clerk of the peace at least 24 hours prior to the time of the ceremony.

(b) The Department of Health and Social Services shall prescribe a civil union license form.

(c) The several clerks of the peace of the various counties or their deputies, shall issue all civil union licenses and shall sign them and affix the county seal thereto. A civil union license, when issued by the clerk of the peace, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the parties in a civil union. A civil union license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to enter into a civil union within 30 days from the date of issuance. In the event the civil union is not solemnized within 30 days of the issuance of said license, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to enter into a civil union. The procedure to secure another license shall be the same as that provided for the initial application.

(d) The clerk of the peace in each county for good cause being shown may:

(1) Shorten the time period specified in paragraph (a)(3) of this section; or

(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.

(e) No civil union license shall be issued by a clerk of the peace when either of the parties applying for a civil union license, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the civil union of such parties.

(f) The number on the civil union license shall be filled in by the issuing clerk of the peace, unless it has been previously affixed and shall be the same number as that appearing on the application for such license. All blanks provided on the civil union license shall be filled in by the issuing clerk of the peace. The issuing clerk of the peace shall immediately note the issuance of a civil union license in the appropriate books prescribed by the Department of Health and Social Services.

(g) Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine, shall be imprisoned not more than 30 days. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
13 Del. C. § 2364 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2364
§ Â
        2364. Hearing procedure and notice requirements.
Status: in_force

The procedure and notice requirements set forth in § 2325 of this title shall apply. However, upon motion and good cause shown, the parent, custodian or guardian who has become incapacitated or debilitated need not personally appear for such noticed hearings.
13 Del. C. § 116 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 116
§ Â
        116. Duties of officer issuing marriage license.
Status: in_force

(a) The number on the marriage license shall be filled in by the issuing officer unless it has been previously affixed and shall be the same number as that appearing on the application. The issuing officer shall immediately note the issuance of a license in the appropriate Marriage Record Book prescribed by the Department of Health and Social Services.

(b) The officer issuing the license shall fill in all the blanks provided on the license. The place and precise time of issue and the earliest and latest time when the holders of the license may marry shall be shown and the issuing officer shall sign the marriage license.

(c) If any clerk of the peace fails to perform the duties required by this section, such clerk shall be fined $100.
13 Del. C. § 1507 — Delaware Code / Title 13 / Chapter 15 / Section 1507
§ Â
        1507. Petition for divorce or annulment.
Status: in_force

(a) A petition for divorce or annulment of marriage shall be captioned:

IN THE FAMILY COURT OF THE STATE OF DELAWARE

________________

IN AND FOR ________________ COUNTY

In re the Marriage of

________________________________________________________________Petitioner,

AND

No. ________, 20________

________________________________________________________________Respondent.

________________

PETITION FOR DIVORCE (OR ANNULMENT)

________________

(b) The petition shall be verified by petitioner and shall set forth:

(1) The age, occupation and residence (including county in Delaware) of each party and length of residence in the State, showing compliance with the jurisdictional requirements of § 1504(a) of this title;

(2) Address where it is most likely that mail will be received by respondent, or that no such address can be ascertained with reasonable diligence;

(3) Under proper circumstances, that it is unlikely that jurisdiction can be acquired over respondent other than by mailing or publication of notice as provided in § 1508 of this title;

(4) If respondent is a foreign national or has resided in a foreign country within 2 years prior to the filing of the petition, the address of a representative (preferably the nearest) of such foreign country in the United States;

(5) The date of the marriage and the place at which it was registered;

(6) The date on which the parties separated;

(7) The names, ages and addresses of all living children of the marriage and whether the wife is pregnant;

(8) Whether there have been any prior matrimonial proceedings between the parties and, if so, the date, name and place of the Court, and the disposition of the same;

(9) An allegation that the marriage is irretrievably broken and how it is characterized; or if the petition is for annulment, averment of the applicable circumstances specified in § 1506(a) of this title and that the petition has been filed within the applicable time limit recited in § 1506(b) of this title;

(10) Any other relevant facts;

(11) Relief prayed for.

(c) The petition shall be filed either in the county wherein petitioner resides or the county wherein respondent resides.

(d) The petition shall be filed with the Clerk of the Court, along with such deposit to cover costs as the Court may fix, and a praecipe instructing the Clerk how service is to be made or jurisdiction otherwise sought or acquired over respondent.

(e) A petition for divorce may be filed at any time following the separation of the parties if the requirements of § 1504(a) of this title have been satisfied although no ruling shall be made to determine whether to grant a divorce until after the parties have been separated for 6 months; provided, however, that relief under § 1509 of this title shall be available to the parties during the interim.

(f) The relief prayed for under paragraph (b)(11) of this section may include, where appropriate under the facts and law, in addition to a prayer for a decree of divorce or annulment, prayers for other relief that may be available under this chapter, including, without limitation, prayers for interim relief (§ 1509 of this title), alimony (§ 1512 of this title), property disposition (§ 1513 of this title), resumption of prior name (§ 1514 of this title), and costs and attorneys’ fees (§ 1515 of this title).

(g) In any case where there are living children of the marriage, the petitioner shall submit with the petition an affidavit signed by the petitioner showing that the petitioner has read or has been advised of the following children’s rights, which shall be set forth in full in said affidavit:

(1) The right to a continuing relationship with both parents.

(2) The right to be treated as an important human being, with unique feelings, ideas and desires.

(3) The right to continuing care and guidance from both parents.

(4) The right to know and appreciate what is good in each parent without 1 parent degrading the other.

(5) The right to express love, affection and respect for each parent without having to stifle that love because of fear of disapproval by the other parent.

(6) The right to know that the parents’ decision to divorce was not the responsibility of the child.

(7) The right not to be a source of argument between the parents.

(8) The right to honest answers to questions about the changing family relationships.

(9) The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans.

(10) The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other.

(h) In any case where there are living children of the marriage up to the age of 17, the Court shall order that the parties pay for and participate in a “Parenting Education Course” unless the Court, upon motion, determines that participation in the course is deemed not necessary. The “Parenting Education Course” shall be a course which is certified by the Department of Services for Children, Youth and Their Families to meet the goal of educating divorce litigants on the impact on children of the restructuring of families. The course, in order to be certified by the Department of Services for Children, Youth and Their Families, shall consist of at least 4 hours of instruction and at a minimum provide instruction regarding the following items:

(1) Information on the developmental stages of children;

(2) Adjustment of children to parental separation;

(3) Dispute resolution and conflict management;

(4) Guidelines for visitation;

(5) Stress reduction in children; and

(6) Cooperative parenting.

A litigant who has a demonstrable history of domestic violence shall be ordered to participate in a separate and more intensive course which shall include, at a minimum, the topics required in paragraphs (h)(1) through (6) of this section and education regarding domestic violence, its prevention and its effect upon children.

Parties do not have to attend the same course.
13 Del. C. § 2367 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2367
§ Â
        2367. Grounds for standby guardianship.
Status: in_force

(a) Where the parent is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child’s best interests; and:

(1) The child would be dependent, neglected or abused in the care of the other parent; or

(2) The other parent of the child is deceased; or

(3) The other parent’s parental rights have been terminated; or

(4) The other parent consents to the appointment of a standby guardian.

(b) Where the legal custodian or guardian is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child’s best interests; and as to each parent:

(1) That the child remains dependent, neglected or abused in the parent’s care; or

(2) The parent of the child is deceased; or

(3) The parent’s parental rights have been terminated; or

(4) The parent consents to the appointment of a standby guardian.

(c) The Court must also find, prior to the granting of an order for standby guardianship that there is a significant risk that the parent, legal custodian, or guardian will die, become incapacitated, or become debilitated as a result of a chronic condition or terminal illness within 2 years of the filing of the petition as certified by an attending physician.

(d) If an order for standby guardianship is granted, the order shall determine the triggering event for the standby guardianship by specifying whether:

(1) The authority of the standby guardian is effective on the receipt of a determination of the petitioner’s incapacity or debilitation, or on the receipt of the certificate of the petitioner’s death; or

(2) That the authority of the standby guardian may become effective earlier on written consent of the petitioner.

If at any time before the beginning of the authority of the standby guardian the Court finds that the requirements of this subchapter are no longer satisfied, the Court may rescind the order.
13 Del. C. § 504 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 504
§ Â
        504. Duty to support woman with child conceived out of wedlock.
Status: in_force

The duty to support a woman pregnant with child conceived out of wedlock rests first upon the person by whom she became pregnant. Such support may include her necessary prenatal and postnatal medical, hospital, and lying-in expenses incident to the pregnancy and to the birth of the child, and such other relief as to the court shall seem reasonable.
13 Del. C. § 8-809 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-809
§ Â
        8-809. Effect of noncompliance.
Status: in_force

Except as otherwise provided in this chapter, in the event of noncompliance with the requirements of this subchapter, a court of competent jurisdiction shall determine the respective rights and obligations of the parties.
13 Del. C. § 6-601 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-601
§ Â
        6-601. Registration of order for enforcement.
Status: in_force

A support order or income-withholding order issued in another state or a foreign support order may be registered in this State for enforcement.
13 Del. C. § 2501 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2501
§ Â
        2501. Intent and purpose.
Status: in_force

(a) The General Assembly hereby declares that there is a need for a clear statutory framework for the proper procedures and requirements for when the Department of Services for Children, Youth and Their Families [DSCYF] is granted custody of a dependent, neglected or abused child.

(b) This chapter shall be liberally construed so that these purposes may be realized.

(c) For the purposes of applicable state and federal law, any dependent, neglected or abused child in DSCYF custody shall be considered a ward of the State.
13 Del. C. § 1112 — Delaware Code / Title 13 / Chapter 11 / Section 1112
§ Â
        1112. Confidential nature of records.
Status: in_force

(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 court record or docket relating to a proceeding under this chapter may be opened only by an order of a judge of the Court.

(b) Nothing in this section may be construed to restrict DSCYF or a licensed agency from releasing nonidentifying information in its records to a party to a termination proceeding under this chapter.

(c) DSCYF or a licensed agency may not release identifying information, such as a name or address, except under at least 1 of the following circumstances:

(1) By court order.

(2) Under § 929 of this title.

(3) Under subchapter III of Chapter 9 of this title.

(d) (1) An adopted individual may file a petition if the adopted individual’s health or the health of the adopted individual’s blood relative is of concern and the agency refuses to release needed health information to the adopted individual.

(2) A court order may permit an adopted individual to inspect only that part of the Court’s or an agency’s record containing needed health information if the Court finds that the adopted individual’s health information is both of the following:

a. Contained in the Court’s or agency record.

b. Needed for the health of the adopted individual or the health of the adopted individual’s blood relative.

(3) This section applies to information relating to the identification or location of the adopted individual’s biological sibling if the health of the adopted individual or the adopted individual’s blood relative depends on the biological sibling’s participation in a medical treatment.

(e) (1) A person that wishes to inspect the papers filed in connection with a proceeding under this chapter may petition the Court or the court of original jurisdiction stating the reason for the inspection.

(2) The Court may refer a petition under this section to DSCYF or a licensed agency for investigation and report.

(3) The Court shall issue an order permitting the release of the information requested and establishing the terms under which the information may be released if the Court finds all of the following:

a. Release of the information is necessary.

b. Release of the information will not prejudice the interests of the adopted individual, biological parent, or adoptive parent.
13 Del. C. § 8-635 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-635
§ Â
        8-635. Dismissal for want of prosecution.
Status: in_force

The court may issue an order dismissing a proceeding commenced under this subchapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
13 Del. C. § 1114 — Delaware Code / Title 13 / Chapter 11 / Section 1114
§ Â
        1114. Placement for adoption and post-termination placement order.
Status: in_force

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 for adoption.

(2) Every 6 months after the Court issues the order, or more frequently at the Court’s discretion, and until an adoption decree, guardianship, or permanent guardianship order is entered, the Court shall convene a hearing or require the agency to submit to the Court a written report that must include at least all of the following:

a. Details of the agency’s reasonable efforts toward finalizing a permanency plan.

b. A description of the steps the agency took to achieve the permanency plan.

c. A description of barriers to the permanency plan and how the barriers may be overcome.
13 Del. C. § 1108 — Delaware Code / Title 13 / Chapter 11 / Section 1108
§ Â
        1108. Order of termination and transfer of parental rights.
Status: in_force

(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 shall order the termination of the rights in the parent, person, or organization in which the rights have existed and transfer the rights to another person, DSCYF, or a licensed agency, as the Court determines is best qualified to receive the rights.

(b) (1) In a proceeding under § 1103(a)(1) of this title in which each individual entitled to consent has waived notice of hearing and the right to appear at the hearing under § 1106(e) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report.

(2) In a proceeding under this chapter that does not qualify under paragraph (b)(1) of this section, the Court shall issue its decision and order within 30 days following the conclusion of the proceeding.

(c) An irregularity in a proceeding under this chapter is deemed cured on the expiration of 6 months from the date of the entry of the order of termination of parental rights of a parent, and a party over whom the Court established personal jurisdiction may not attack the validity of the order, either through a collateral or direct proceeding.
13 Del. C. § 902 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 902
§ Â
        902. Jurisdiction and venue; removal of petitioner from county.
Status: in_force

(a) Family Court shall have jurisdiction of proceedings under this chapter.

(b) A petition for adoption shall be filed either in the Family Court of the county in which the licensed or authorized agency placing the child is located, or the Family Court of the county in which the petitioner resides.

(c) In any case in which, before the proposed adoption has been finally approved or disapproved, the petitioner or petitioners move into a county other than the county in which the original petition was filed, or into another jurisdiction, the Family Court of the county in which the petition was originally filed may continue to exercise jurisdiction over the proceeding until a final decision has been rendered on the petition.

(d) Whenever the Family Court shall assume jurisdiction for the purposes of terminating parental rights over a child, it shall be deemed to have retained jurisdiction for the purposes of proceeding under this chapter for the adoption.
13 Del. C. § 2505 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2505
§ Â
        2505. Sanctions.
Status: in_force

The Court may impose such sanctions or remedies as the Court deems just and proper to ensure compliance with this chapter, including but not limited to:

(1) Extra visitation or contact with the child when it is in the child’s best interest to do so;

(2) The payment of costs and reasonable counsel fees of the person or agency applying for relief under this section; or

(3) A fine in the discretion of the Court.
13 Del. C. § 401 — Delaware Code / Title 13 / Chapter 4 / Section 401
§ Â
        401. Purpose and construction; definitions; remedies additional to existing remedies.
Status: in_force

(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 enforce support orders of other jurisdictions and by requiring that income withholding, to enforce the support orders of this jurisdiction, be sought in other jurisdictions. This chapter shall be construed liberally to effect that purpose.

(b) As used in this chapter:

(1) “Support order” means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney’s fees and other relief.

(2) “Jurisdiction” means any state, as that term is defined in § 6-102 of this title, or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(3) “Court” means the Family Court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(4) “Agency” means the Division of Child Support Services of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(5) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is alleged to be the beneficiary of a support order directed to the parent.

(6) “Obligor” means an individual, or the estate of a decedent:

a. Who owes or is alleged to owe a duty of support;

b. Who is alleged but has not been adjudicated to be a parent of a child; or

c. Who is liable under a support order.

(7) “Obligee” means:

a. An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

b. A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

c. An individual seeking a judgment determining parentage of the individual’s child.

(8) “Income” means income as defined in § 513(b)(5) of this title.

(9) “Obligee-employer” means any payor of income.

(10) “Income derived in this jurisdiction” means any income, the payor of which is subject to the jurisdiction of this State for the purpose of imposing and enforcing income withholding under § 513(b) of this title.

(11) “Medical support” means health care costs incurred for and health insurance coverage that is reasonable in cost for the child of an obligor whose support order requires health insurance coverage. Health insurance is considered reasonable in cost if it is employment-related or other group health insurance regardless of service delivery mechanism.

(c) The remedy herein provided is in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of another jurisdiction. Relief under this chapter shall not be denied, delayed or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy.
13 Del. C. § 1902 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1902
§ Â
        1902. Definitions.
Status: in_force

As used in this chapter:

(1) “Abandoned” means left without provision for reasonable and necessary care or supervision.

(2) “Child” means an individual who has not attained 18 years of age.

(3) “Child custody determination” means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) “Child custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under subchapter III of this chapter.

(5) “Commencement” means the filing of the first pleading in a proceeding.

(6) “Court” means the Family Court of the State.

(7) “Home State” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8) “Initial determination” means the first child custody determination concerning a particular child.

(9) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this chapter.

(10) “Issuing State” means the state in which a child custody determination is made.

(11) “Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(12) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity.

(13) “Person acting as a parent” means a person, other than a parent, who:

a. Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

b. Has been awarded legal custody by a court or claims a right to legal custody under the law of this State.

(14) “Physical custody” means the physical care and supervision of a child.

(15) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United State Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

(16) “Tribe” means an Indian tribe or band, or Alaska Native village, which is recognized by federal law or formally acknowledged by a state.

(17) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
13 Del. C. § 8-632 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-632
§ Â
        8-632. Jury prohibited.
Status: in_force

The court, without a jury, shall adjudicate paternity of a child.
13 Del. C. § 6-208 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-208
§ Â
        6-208. Child-support orders for 2 or more obligees.
Status: in_force

In responding to registrations or petitions for enforcement of 2 or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least 1 of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State.
13 Del. C. § 6-307 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-307
§ Â
        6-307. Duties of support enforcement agency.
Status: in_force

(a) In a proceeding under this chapter, a support enforcement agency of this State, upon request:

(1) Shall provide services to a petitioner residing in a state;

(2) Shall provide services to a petitioner requesting services through a central authority of a foreign country as described in § 6-102(5)a. or d. of this title; and

(3) May provide services to a petitioner who is an individual not residing in a state.

(b) A support enforcement agency of this State that is providing services to the petitioner shall:

(1) Take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent;

(2) Request an appropriate tribunal to set a date, time, and place for a hearing;

(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) Within 5 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) Within 5 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and

(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this State that requests registration of a child-support order in this State for enforcement or for modification shall make reasonable efforts:

(1) To ensure that the order to be registered is the controlling order; or

(2) If two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(d) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 6-319 of this title.

(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
13 Del. C. § 326 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 326
§ Â
        326. Enforcement.
Status: in_force

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) Such party did not execute the agreement voluntarily; or

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
13 Del. C. § 312 — Delaware Code / Title 13 / Chapter 3 / Subchapter I / Section 312
§ Â
        312. Validation of certain acts completed prior to April 21, 1919.
Status: in_force

All sales or other disposition of real estate, mortgages, stocks or silver plate made by a married woman prior to April 21, 1919, and all encumbrances upon her real estate created by a married woman prior to that date, and any disposition of the rents, issues and profits thereof, and the interest upon her mortgages or dividends or other income arising from her stocks, made by a married woman prior to that date without her husband’s consent, which are otherwise valid and lawful, shall not be invalid and unlawful because of the failure of such married woman to secure her husband’s consent in writing thereto.
13 Del. C. § 325 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 325
§ Â
        325. Amendment or revocation.
Status: in_force

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. Such amended agreement or revocation is enforceable without consideration.
13 Del. C. § 8-311 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-311
§ Â
        8-311. Full faith and credit.
Status: in_force

A court of this State shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
13 Del. C. § 1502 — Delaware Code / Title 13 / Chapter 15 / Section 1502
§ Â
        1502. Purpose; construction.
Status: repealed

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 their children caused by the process of legal dissolution of marriage;

(3) To make the law of divorce more effective for dealing with the realities of matrimonial experience by making irretrievable breakdown of the marriage relationship the sole basis for divorce;

(4) To permit dissolution of a marriage where the marriage is irretrievably broken despite the objections of an unwilling spouse;

(5) To award alimony under this chapter to a dependent party but only during the continuance of such dependency;

(6) To award alimony in appropriate cases so as to encourage parties to become self-supporting;

(7) [Repealed.]
13 Del. C. § 8-707 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-707
§ Â
        8-707. Parental status of deceased individual.
Status: in_force

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
13 Del. C. § 8-638 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-638
§ Â
        8-638. No right to reimbursement.
Status: in_force

If the court determines that an individual is not the parent of a child, the individual shall have no right to reimbursement for any child support or medical expenses paid prior to the date on which the other party or the public agency to which the payments were or are being made was served with notice of the proceeding in which the determination of nonparentage was made.
13 Del. C. § 314 — Delaware Code / Title 13 / Chapter 3 / Subchapter I / Section 314
§ Â
        314. Debts of married women; judgment.
Status: in_force

All debts contracted before marriage by the wife, or by her authority after marriage, shall be a charge on her real and personal property and a judgment therefor may be recovered against her in her name.
13 Del. C. § 1922 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1922
§ Â
        1922. Jurisdiction to modify determination.
Status: in_force

Except as otherwise provided in § 1923 of this title, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under § 1920(a)(1) or (2) of this title and:

(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 1921 of this title or that a court of this State would be a more convenient forum under § 1926 of this title; or

(2) A court of this State or a court of the other state determines that the child, the child’s parents and any person acting as a parent do not presently reside in the other state.
13 Del. C. § 1515 — Delaware Code / Title 13 / Chapter 15 / Section 1515
§ Â
        1515. Attorneysâ fees.
Status: in_force

The Court from time to time after considering the financial resources of both parties may order a party to pay all or part of the cost to the other party of maintaining or defending any proceeding under this title and for attorneys’ fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after the entry of judgment. The Court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney’s own name.
13 Del. C. § 2372 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2372
§ Â
        2372. Subsidies.
Status: in_force

Except as modified by order of the Court, DSCYF shall have the power and authority to award subsidy money to the standby guardian as determined under § 2333 of this title.
13 Del. C. § 505 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 505
§ Â
        505. Priority among dependents.
Status: in_force

(a) The duties of support specified in §§ 501 through 504 of this title shall be performed according to the following order of priority:

(1) Duty to support one’s own minor child;

(2) Duty to support a spouse;

(3) Duty to support a woman pregnant with child conceived out of wedlock;

(4) Duty to support a stepchild or the child of a person with whom the obligor cohabits in the relationship of husband and wife;

(5) Duty to support a poor person.

(b) Where a support obligor is unable to provide support adequate to the needs of 2 or more dependents of the same order of priority, a support obligor shall apportion the amount available for support as equally as possible between or among said dependents according to their respective needs.

(c) This section shall not repeal the rights of the parties as established by § 1512 of this title.
13 Del. C. § 6-316 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-316
§ Â
        6-316. Special rules of evidence and procedure.
Status: in_force

(a) The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.

(c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this State, or the support enforcement agency of this State, to a tribunal of this State by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
13 Del. C. § 6-507 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-507
§ Â
        6-507. Administrative enforcement of orders.
Status: in_force

(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this State.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this State to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
13 Del. C. § 1912 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1912
§ Â
        1912. Cooperation between courts; preservation of records.
Status: in_force

(a) A court of this State may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person to produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) Forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and

(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this State may hold a hearing or enter an order described in subsection (a) of this section.

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this State.

(d) A court of this State shall preserve the pleadings, findings, orders and decrees with respect to a child custody proceeding until the child attains 18 years of age. A record of any hearing and evidence admitted at any hearing shall be retained for 5 years. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of the records.
13 Del. C. § 711A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 711A
§ Â
        711A. Ordered mediation prohibited.
Status: in_force

Notwithstanding any other provision of law to the contrary, Family Court mediation conferences shall be prohibited in any child custody or visitation or support proceeding in which 1 of the parties has been found by a court, whether in that proceeding or in some other proceeding, to have committed an act of domestic violence against the other party or if either party has been ordered to stay away or have no contact with the other party, unless a victim of domestic violence who is represented by counsel requests such mediation.
13 Del. C. § 517 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 517
§ Â
        517. Termination of child support.
Status: in_force

(a) An order of current child support entered by this Court or a court of competent jurisdiction in this State shall terminate by operation of law when all minor children subject to said order have reached 18 years; provided, however, that if a child over 18 is still enrolled in high school current support shall terminate by operation of law when the child receives a high school diploma or attains the age of 19, whichever event first occurs.

(b) An order of current child support entered by this Court or a court of competent jurisdiction in this State shall terminate if custody of all children who are the subject of said order is transferred to the obligated parent pursuant to an order of a court of competent jurisdiction or the written voluntary agreement of the parents.

(c) Notwithstanding the above, the obligation for payment of arrears or past due support shall terminate by operation of law when all arrears or past due support have been paid.
13 Del. C. § 1109 — Delaware Code / Title 13 / Chapter 11 / Section 1109
§ Â
        1109. Petition for transfer of parental rights of deceased parents.
Status: in_force

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 all of the following:

(1) Name and address of the petitioner.

(2) Name, date, and place of birth of the child.

(3) Name, address, and date of death of the deceased parent.

(4) A certified copy of the death certificate of the deceased parent.

(5) A statement that the petitioner has explored the possibility of placing the child with relatives and the results of the efforts.
13 Del. C. § 2303 — Delaware Code / Title 13 / Chapter 23 / Subchapter I / Section 2303
§ Â
        2303. Jurisdiction and venue.
Status: in_force

(a) The Family Court shall have jurisdiction of proceedings under this chapter to grant, modify and/or terminate guardianship.

(b) A petition for guardianship under this chapter may be filed in the Family Court of any of the following counties:

(1) The county in which at least 1 parent resides;

(2) The county in which the organization having legal or physical care, custody or control of the child is located; or

(3) The county in which the child is located.
13 Del. C. § 6-201 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-201
§ Â
        6-201. Bases for jurisdiction over nonresident.
Status: in_force

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:

(1) The individual is personally served with notice within this State;

(2) The individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) The individual resided with the child in this State;

(4) The individual resided in this State and provided prenatal expenses or support for the child;

(5) The child resides in this State as a result of the acts or directives of the individual;

(6) The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse;

(7) The individual asserted parentage of a child in the registry of paternity maintained in this State by the Office of Vital Statistics; or

(8) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of § 6-611 of this title are met, or, in the case of a foreign support order, unless the requirements of § 6-615 of this title are met.
13 Del. C. § 903 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 903
§ Â
        903. Persons eligible to petition to adopt.
Status: in_force

To be eligible to petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child not such petitioner’s or petitioners’, the petitioner or petitioners must satisfy the three following requirements:

(1) Either be:

a. A resident of Delaware at the time of filing the petition; or

b. A person with whom a child has been placed for adoption under § 904 of this title; and

(2) Either be:

a. An unmarried person petitioning individually;

b. A divorced or legally separated person petitioning individually;

c. A married couple petitioning jointly, provided they are not legally separated or living apart from each other; or

d. A nonmarried couple petitioning jointly, provided that they are cohabiting, as that term is defined in §  1512(g) of this title; and

(3) Be over the age of 21 at the time of filing the petition

Nothing herein shall affect the right of any person to adopt a person who has reached age 18 as provided in subchapter II of this chapter.
13 Del. C. § 6-209 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-209
§ Â
        6-209. Credit for payments.
Status: in_force

A tribunal of this State shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this State, another state, or a foreign country.
13 Del. C. § 707A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 707A
§ Â
        707A. Counseling.
Status: in_force

If the court awards sole or joint custody or primary residence to a parent who has a history of committing acts of domestic violence, that parent shall be ordered to complete a program of evaluation and counseling designed specifically for perpetrators of family violence and conducted by a public or private agency or a certified mental health professional. That parent may also be ordered to attend alcohol or drug abuse treatment and any other counseling that may be appropriate.
13 Del. C. § 1924 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1924
§ Â
        1924. Notice; opportunity to be heard; joinder.
Status: in_force

(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 1908 of this title must be given to all persons entitled to notice under the law of this State as in child custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this State as in child custody proceedings between residents of this State.
13 Del. C. § 2207 — Delaware Code / Title 13 / Chapter 22 / Section 2207
§ Â
        2207. Enforcement by the Division of Child Support Services.
Status: in_force

The Division of Child Support Services is hereby authorized to initiate enforcement of any child or spousal support order issued by a Court or administrative agency of this or any other state or jurisdiction that is being enforced pursuant to Title IV, Part D, of the Social Security Act (42 U.S.C. § 651 et seq.). Said enforcement shall include, but not be limited to, income withholding initiated pursuant to § 513 of this title; administratively adding an amount to be paid toward arrears in addition to any current support amount ordered; demand letters; initiation of contempt proceedings; use of state and federal income tax refund intercept programs; use of attachment, levy and garnishment; use of a private collection agency or contractor; and any other civil remedy available for the enforcement of judgments or for the enforcement of support orders.
13 Del. C. § 723A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 723A
§ Â
        723A. Definitions.
Status: in_force

For the purposes of this subchapter, a “sex offender” refers to any person designated by the courts of this State as a Risk Assessment Tier II or III sex offender under § 4121 of Title 11, or a person designated and treated as such by a court or a jurisdiction outside of Delaware, regardless of whether the sex offender’s victim was an adult or a child.
13 Del. C. § 8-501 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-501
§ Â
        8-501. Scope of article.
Status: in_force

This subchapter governs genetic testing of an individual to determine parentage, whether the individual:

(1) Voluntarily submits to testing; or

(2) Is tested pursuant to an order of the court or a support-enforcement agency.
13 Del. C. § 6-613 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-613
§ Â
        6-613. Jurisdiction to modify child-support order of another state when individual parties reside in this State.
Status: in_force

(a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state’s child-support order in a proceeding to register that order.

(b) A tribunal of this State exercising jurisdiction under this Section shall apply the provisions of subchapters I and II of this chapter, this subchapter, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Subchapters III, IV, V, VII and VIII of this chapter do not apply.
13 Del. C. § 6-607 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-607
§ Â
        6-607. Contest of registration or enforcement.
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party;

(2) The order was obtained by fraud;

(3) The order has been vacated, suspended, or modified by a later order;

(4) The issuing tribunal has stayed the order pending appeal;

(5) There is a defense under the law of this State to the remedy sought;

(6) Full or partial payment has been made;

(7) The statute of limitation under § 6-604 of this title precludes enforcement of some or all of the alleged arrearages; or

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.

(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
13 Del. C. § 8-415 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-415
§ Â
        8-415. Fees for registry.
Status: in_force

(a) A fee may not be charged for filing a registration or a rescission of registration.

(b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a reasonable fee for making a search of the registry and for furnishing a certificate.

(c) A support-enforcement agency and an agency of the State of Delaware are not required to pay a fee authorized by subsection (b) of this section.
13 Del. C. § 2332 — Delaware Code / Title 13 / Chapter 23 / Subchapter III / Section 2332
§ Â
        2332. Termination, modification or rescission of guardianship order.
Status: in_force

(a) Termination. — Except as otherwise specified in this chapter, guardianship of a child terminates:

(1) Upon the guardian’s death;

(2) Upon adoption of the child;

(3) When the child reaches the age of majority; or

(4) As otherwise ordered by the Court.

(b) Modification. — Except as otherwise specified in this chapter, an order of guardianship may be modified regarding contact, visitation or sharing of information at any time if it is in the best interests of the child.

(c) Rescission. — Except as otherwise specified in this chapter, an order of guardianship may be rescinded upon a judicial determination that petitioner has made a preliminary showing the guardianship is no longer necessary for the reason determined by consent or by a finding of the Court at the time the guardianship was established, unless:

(1) The Court finds the guardian has established, by a preponderance of the evidence, the child will be dependent, neglected, or abused in the care of the parent or parents seeking rescission; or

(2) The Court finds the guardian has established, by clear and convincing evidence, the child will suffer physical or emotional harm if the guardianship is terminated.
13 Del. C. § 709A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 709A
§ Â
        709A. Modification of orders.
Status: in_force

Notwithstanding other provisions of this title:

(1) An order concerning visitation may be modified at any time if necessary to protect the safety of the child or the child’s parent in light of acts of domestic violence that have occurred since the entry of the most recent visitation order.

(2) A custody order may be modified at any time if a parent who has sole or joint custody has committed acts of domestic violence since the entry of the most recent custody order.

(3) In determining whether a custody award should be modified, the court shall not consider noncompliance with an existing custody or visitation order or noncompliance with the duties and responsibilities under § 727 of this title if such noncompliance was caused by the parent’s attempt at self-protection or protection of the child from acts of domestic violence committed since the entry of the court’s most recent custody or visitation order.
13 Del. C. § 1930 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1930
§ Â
        1930. Definitions.
Status: in_force

In this subchapter:

(1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

(2) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
13 Del. C. § 2363 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2363
§ Â
        2363. Jurisdiction and venue.
Status: in_force

(a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate standby guardianship.

(b) A petition for standby guardianship under this chapter may be filed in the Family Court of any of the following counties:

(1) The county in which 1 natural parent resides;

(2) The county in which a legal guardian of the child resides; or

(3) The county in which 1 child resides.
13 Del. C. § 2506 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2506
§ Â
        2506. Confidentiality of proceedings.
Status: in_force

All proceedings under this chapter and all records of such proceedings shall be held before the Court privately, except for reasons found sufficient to the Court, a hearing in any particular case may be made open to the public.
13 Del. C. § 205 — Delaware Code / Title 13 / Chapter 2 / Section 205
§ Â
        205. Solemnization; license to perform; refusal to join persons in a civil union.
Status: repealed

(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 former Judges of this State’s Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, Justice of the Peace Court, federal Judges, federal Magistrates, clerks of the peace of various counties and current and former judges from other jurisdictions with written authorization by the clerk of the peace from the county in Delaware where the civil union ceremony is to be performed may solemnize a civil union between persons who may lawfully enter into a civil union. The clerk of the peace in each county for good cause being shown may:

(1) Allow by written permit within the clerk of the peace’s respective county, any duly sworn member of another state’s judiciary, to solemnize civil unions in the State between persons who may lawfully enter into a civil union.

(2) Allow by written permit within the clerk of the peace’s respective county, the clerk of the peace from another county within the State to solemnize civil unions in the State between persons who may lawfully enter into a civil union.

Within the limits of any incorporated municipality, the mayor thereof may solemnize civil unions between persons who may lawfully enter into a civil union. Civil unions shall be solemnized in the presence of at least 2 reputable witnesses who shall sign the certificate of civil union as prescribed by this chapter. Solemnization may be entirely secular or may be performed according to the forms and usages of any religious society. No civil union shall be solemnized without the production of a license issued pursuant to this chapter.

(c) Other than as provided in this subsection, nothing in this section shall be construed to require any person authorized to perform solemnizations of marriages or civil unions to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for such failure or refusal. Notwithstanding the preceding sentence, a clerk of the peace or deputy thereof who issues a civil union license shall be required to perform a solemnization of such civil union if requested by the applicants for such license, and such solemnization shall be afforded the same order of priority as solemnization of marriages pursuant to Chapter 1 of this title. Clerks of the peace shall act pursuant to this chapter in the same manner as they act pursuant to Chapter 1 of this title, without discrimination as to whether the issue involves a marriage under Chapter 1 of this title or a civil union under this chapter.

(d) In the case of the absence or disability of the duly elected clerk of the peace, the chief deputy or, if there is no chief deputy, a deputy employed in the office of the clerk of the peace, shall be authorized to solemnize civil unions.

(e) Whoever, being authorized to issue a civil union license, knowingly or wilfully issues a license for a civil union prohibited by this chapter or, being authorized to solemnize a civil union, knowingly or wilfully assists in the contracting or solemnization of a prohibited civil union, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days.

(f) Whoever, not being authorized by this section, solemnizes a civil union, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days, and such civil union shall be void, unless it is in other respects lawful and is consummated with the full belief of either of the parties in its validity.

(g) Notwithstanding anything to the contrary contained in § 213 of this title [repealed], if a civil union prohibited by this chapter is contracted or solemnized outside of the State, when the legal residence of either party to the civil union is in this State, and the parties thereto shall afterwards live and cohabitate as parties to a civil union within the State, they shall be punished in the same manner as though the civil union had been contracted in this State.

(h) The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
13 Del. C. § 6-402 — Delaware Code / Title 13 / Chapter 6 / Subchapter IV / Section 6-402
§ Â
        6-402. Proceeding to determine parentage.
Status: in_force

A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
13 Del. C. § 107 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 107
§ Â
        107. Marriage licenses; obtaining and delivery.
Status: in_force

(a) Persons intending to be married within this State shall obtain a marriage license at least 24 hours prior to the time of the ceremony.

(b) The license must be delivered to the person who is to officiate before the marriage can be lawfully performed. If the marriage is to be performed by or before any religious society, the license shall be delivered to the religious society or any officer thereof who is duly qualified according to § 106 of this title.

(c) A marriage license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to marry within 30 days from the date of its issuance. In the event the marriage ceremony is not performed within 30 days, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to marry. No refund or rebate shall be given for the unused license, nor shall said license be reinstated or postdated. The procedure to secure another license shall be the same as that provided for the initial application.

(d) The Clerk of the Peace in each county for good cause being shown may:

(1) Shorten the time periods specified in subsection (a) of this section; or

(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.
13 Del. C. § 2522 — Delaware Code / Title 13 / Chapter 25 / Subchapter III / Section 2522
§ Â
        2522. Rights of children in DSCYF custody.
Status: in_force

(a) All dependent, neglected and abused children in DSCYF custody under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:

(1) To be informed of the reason they have been placed in DSCYF custody.

(2) To receive water, food, shelter, and clothing that is necessary and appropriate for their ages and individual needs.

(3) To be free from abuse or neglect.

(4) To have assistance in obtaining access to medical, vision, and dental treatment that is necessary and appropriate for their ages and individual needs; and to have assistance in obtaining access to necessary and appropriate mental health and substance abuse treatment if the need for such treatment is identified.

(5) To receive appropriate placement services.

(6) To contact and visit with their parents, siblings in DSCYF custody, and other individuals, including their own child in DSCYF custody. If such contact or visitation is inappropriate, the child has the right to be notified of the reason for that decision.

(7) To have assistance in obtaining access to an education, at their schools of origin when feasible, with minimal disruption to their education when they are placed in DSCYF custody.

(8) To participate in the formation and maintenance of their foster care service, transitional and independent living and transition plans, where applicable; and beginning at age 14:

a. To be actively engaged and consulted in the development and implementation of those services and plans, as well as in any revisions or additions to those services or plans; and

b. At the option of the child, to involve 2 individuals in case planning that are selected by the child and who are not a foster parent or caseworker for the child, except that DSCYF may reject an individual so selected by the child if DSCYF has good cause to believe the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate with respect to the application of the reasonable and prudent parent standard to the child.

(9) To have regular and meaningful access to and have confidential contact with their caseworkers and attorneys or court-appointed special advocates.

(10) To be notified, attend, and participate in court hearings and to speak to the judge regarding any decision that may have an impact on their lives.

(11) To have their confidentiality protected as required by state and federal law.

(12) To receive transitional and independent living services and supports beginning at age 16 if eligible and if resources are available.

(13) To have the opportunity to participate in age-appropriate or developmentally-appropriate activities and experiences to promote healthy development, and to have those opportunities explained to them in an age- and developmentally-appropriate manner, consistent with the reasonable and prudent parent standard.

(14) To report any violation of their rights or the violation of the rights of others without being punished or retaliated against for such reporting.

(15) To have these rights explained in an age-appropriate manner, and for youth age 14 and older to sign an acknowledgement that the rights have been explained, and to receive a copy of the rights set forth in this section.

(b) Any child aggrieved by a violation of this section may motion the court, through an attorney or court-appointed special advocate, for appropriate equitable relief.
13 Del. C. § 1943 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1943
§ Â
        1943. Appeals.
Status: in_force

An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 1923 of this title, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
13 Del. C. § 912 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 912
§ Â
        912. Social study and report.
Status: in_force

(a) Upon the filing of a petition for adoption, the Judge of the Family Court in which the petition has been filed, after determining that the petition has been properly filed and that the petitioner or petitioners are eligible to adopt under this chapter, shall order a social study report by the Department or licensed agency or authorized agency unless the report was filed with the petition.

(b) The report shall include:

(1) Information regarding the child, its background, its eligibility for adoption;

(2) Information regarding the adoptive parent or parents, and the proposed adoptive home;

(3) Information regarding the physical and mental condition of the child;

(4) Information regarding the suitability of the placement;

(5) A statement as to whether all requirements of this chapter have been complied with;

(6) In stepparent/relative cases, a statement that the birth parent whose parental rights are being terminated has been advised of the right to file an affidavit as provided by subchapter III of this chapter;

(7) A recommendation.

(c) If the placement is made by the Department or licensed agency, the report shall be rendered within 60 days from the receipt of the order for the report unless the report is filed with the petition for adoption. In the case of adoption by a stepparent or blood relative, the report is to be rendered within 60 days following the completion of the social study, and shall include a statement of the cost of the study.

(d) If the Court orders any further social investigation or any supplement of the social report, any such investigation shall be conducted and a supplement shall be prepared by the Department or the licensed or authorized agency party to the proceedings.
13 Del. C. § 514 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 514
§ Â
        514. Determination of amount of support.
Status: in_force

In determining the amount of support due to one to whom the duty of support has been found to be owing, the court, among other things, shall consider:

(1) The health, relative economic condition, financial circumstance, income, including the wages, and earning capacity of the parties, including the children;

(2) The manner of living to which the parties have been accustomed when they were living under the same roof;

(3) The general equities inherent in the situation.
13 Del. C. § 2351 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2351
§ Â
        2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship.
Status: in_force

A relative, foster parent, guardian, or an individual with whom a child in DSCYF custody is placed may serve as permanent guardian of a child and may petition the Family Court for a permanent guardianship order regarding a child. DSCYF, the child attorney, a licensed agency or guardian ad litem may petition the Family Court for a permanent guardianship order so long as the proposed permanent guardian consents to the appointment.
13 Del. C. § 1921 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1921
§ Â
        1921. Exclusive, continuing jurisdiction.
Status: in_force

(a) Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination until:

(1) A court of this State determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this State and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or

(2) A court of this State or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in this State.

(b) A court of this State which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 1920 of this title.
13 Del. C. § 928 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 928
§ Â
        928. Contributions and fees.
Status: in_force

(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 placement of the child for adoption or with the adoption.

(b) No person or organization who is in any way connected with an adoption shall receive any remuneration in connection therewith, except for court costs and legal services; provided, however, that the Department, licensed agency or authorized agency may charge a service fee for each adoption in an amount not exceeding the cost of services rendered, to be paid by the adopting parent or parents. The amount of any such fee shall be made a part of the petition as provided in § 906(10) of this title.

(c) The Department, in its discretion in accordance with federal law and the regulations and interpretations thereof, may award subsidy moneys to the adoptive parent of a child who was in Department custody prior to the adoption petition being filed. The amount and duration of the subsidy shall be in the sole discretion of the Department.
13 Del. C. § 2219 — Delaware Code / Title 13 / Chapter 22 / Section 2219
§ Â
        2219. Obligation of parties to provide information.
Status: in_force

Each party shall receive written notice, which may be contained in the support judgment or order, that the party is required to keep the court informed of such party’s current residential address, drivers license number, telephone number, employer, employer address and employer telephone number.
13 Del. C. § 409 — Delaware Code / Title 13 / Chapter 4 / Section 409
§ Â
        409. Changes in original order or jurisdiction.
Status: in_force

(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 order.

(b) If the Division of Child Support Services determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, it shall notify the agency which requested the income withholding of the changes within 5 working days of receiving that information and shall forward to that agency all information it has or can obtain with respect to the obligor’s new address and the name and address of the obligor’s new employer or other source of income. The Division shall include with the notice a certified copy of the income withholding order in effect in this State.
13 Del. C. § 6-609 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-609
§ Â
        6-609. Procedure to register child-support order of another state for modification.
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provided in §§ 6-601 through 6-608 of this title if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
13 Del. C. § 1920 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1920
§ Â
        1920. Initial child custody jurisdiction.
Status: in_force

(a) Except as otherwise provided in § 1923 of this title, a court of this State has jurisdiction to make an initial child custody determination only if:

(1) This State is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under § 1926 or § 1927 of this title; and

a. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and

b. Substantial evidence is available in this State concerning the child’s care, protection, training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under § 1926 or § 1927 of this title; or

(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3) of this subsection.

(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this State.

(c) Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.
13 Del. C. § 731 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 731
§ Â
        731. Attorneysâ fees.
Status: in_force

The Court from time to time, after considering the legal and factual basis for the action, the results obtained, the financial resources of the parties, and such other factors as the Court deems just and equitable, may order a party to pay all or part of the cost to another party of maintaining or defending any proceedings under this chapter and for attorney’s fees, including sums for legal services rendered and costs incurred prior to the commencement of such proceedings. The Court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney’s own name.
13 Del. C. § 956 — Delaware Code / Title 13 / Chapter 9 / Subchapter II / Section 956
§ Â
        956. Costs.
Status: in_force

The costs shall be taxed by the Court on the petitioner or petitioners.
13 Del. C. § 6-901 — Delaware Code / Title 13 / Chapter 6 / Subchapter IX / Section 6-901
§ Â
        6-901. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
13 Del. C. § 212 — Delaware Code / Title 13 / Chapter 2 / Section 212
§ Â
        212. Rights, benefits, protections and responsibilities of parties to a civil union.
Status: in_force

(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 responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon married spouses.

(b) Former parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon former married spouses.

(c) A surviving party to a civil union lawfully entered into or otherwise recognized pursuant to this chapter, following the death of the other party to the civil union, shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon a widow or widower.

(d) To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of parties to a civil union being treated differently than married spouses, parties to a civil union shall be treated in all respects by the laws of this State as if United States federal law recognizes a civil union in the same manner as the laws of this State.
13 Del. C. § 8-103 — Delaware Code / Title 13 / Chapter 8 / Subchapter I / Section 8-103
§ Â
        8-103. Scope of chapter; choice of law.
Status: in_force

(a) This chapter applies to determinations of parentage in this State.

(b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on:

(1) The place of birth of the child; or

(2) The past or present residence of the child.

(c) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this State.

(d) This chapter authorizes an agreement between a woman and another person, an unmarried couple, or a married couple in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the person or married or unmarried couple become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in subchapter II of this chapter.
13 Del. C. § 2413 — Delaware Code / Title 13 / Chapter 24 / Subchapter II / Section 2413
§ Â
        2413. Modification of orders granting third-party visitation.
Status: in_force

An order granting third-party visitation may be modified at any time if the best interests of any child subject to the order would be served by modification.
13 Del. C. § 1522 — Delaware Code / Title 13 / Chapter 15 / Section 1522
§ Â
        1522. Procedural rights.
Status: in_force

(a) All parties to any of the proceedings brought pursuant to this chapter shall possess all the procedural rights which those parties would have heretofore possessed in any of the proceedings brought pursuant to this chapter in the Superior Court of this State including but not limited to the following:

(1) Right to institute and retain complete control of the suit;

(2) Right to select counsel;

(3) Right to appeal to the Supreme Court of this State on the record from interlocutory or final orders for judgment; such appeal shall be in the form and manner provided by the rules of the Supreme Court.

(b) A complete record shall be made of all proceedings in which testimony is taken under this section by a court stenographer, tape recorder or other device which method shall be at the discretion of the Court.
13 Del. C. § 6-802 — Delaware Code / Title 13 / Chapter 6 / Subchapter VIII / Section 6-802
§ Â
        6-802. Conditions of rendition.
Status: in_force

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
13 Del. C. § 2352 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2352
§ Â
        2352. Contents of petition for permanent guardianship.
Status: in_force

A petition for permanent guardianship shall contain all of the information required by § 2322 of this title, and all of the following information:

(1) The grounds for the granting of an order of permanent guardianship.

(2) A statement outlining prior efforts to place the child for adoption, if applicable.
13 Del. C. § 2370 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2370
§ Â
        2370. Termination or modification.
Status: in_force

Except as modified by order of the Court, standby guardianship shall be terminated or modified as enumerated under § 2332 of this title.
13 Del. C. § 2412 — Delaware Code / Title 13 / Chapter 24 / Subchapter II / Section 2412
§ Â
        2412. Grounds for persons obtaining third-party visitation with a child.
Status: in_force

(a) Prior to granting a third-party visitation order the Court shall, find after a hearing on the merits, or accept the agreement of the parties that:

(1) Third-party visitation is in the child’s best interests; and,

(2) One of the following as to each parent:

a. The parent consents to the third-party visitation;

b. The child is dependent, neglected or abused in the parent’s care;

c. The parent is deceased; or

d. The parent objects to the visitation; however, the petitioner has demonstrated, by clear and convincing evidence, that the objection is unreasonable; and has demonstrated, by a preponderance of evidence, that the visitation will not substantially interfere with the parent/child relationship.

(b) Prior to granting an order for third-party visitation between children, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that the visitation is in the best interests of all children subject to the petition.
13 Del. C. § 1931 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1931
§ Â
        1931. Enforcement under Hague Convention.
Status: in_force

Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
13 Del. C. § 729 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 729
§ Â
        729. Modification of prior orders.
Status: in_force

(a) An order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in § 728(a) of this title.

(b) An order entered by the Court by consent of all parties, an interim order or a written agreement between the parties concerning the legal custody of a child or such child’s residence may be modified at any time by the Court in accordance with the standards set forth in § 722 of this title.

(c) An order entered by the Court after a full hearing on the merits concerning the legal custody of a child or such child’s primary residence may be modified only as follows:

(1) If the application for modification is filed within 2 years after the Court’s most recent order concerning these matters, the Court shall not modify its prior order unless it finds, after a hearing, that continuing enforcement of the prior order may endanger the child’s physical health or significantly impair such child’s emotional development.

(2) If the application for modification is filed more than 2 years after the Court’s most recent order concerning these matters, the Court may modify its prior order after considering:

a. Whether any harm is likely to be caused to the child by a modification of its prior order, and, if so, whether that harm is likely to be outweighed by the advantages, if any, to the child of such a modification;

b. The compliance of each parent with prior orders of the Court concerning custody and visitation and compliance with each such parent’s duties and responsibilities under § 727 of this title including whether either parent has been subjected to sanctions by the Court under § 728(b) of this title since the prior order was entered; and

c. The factors set forth in § 722 of this title.
13 Del. C. § 511 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 511
§ Â
        511. Commencement of actions; obtaining jurisdiction over respondent.
Status: in_force

(a) Proceedings may be instituted in accordance with rules adopted by the Court, or upon a petition in which the petitioner alleges that defendant owes petitioner a duty of support and has refused or failed to provide such support.

(b) Jurisdiction may be acquired over respondent in any of the following ways:

(1) By issuance of summons by the Clerk of the Family Court, and service thereof by the sheriff or other person authorized to make service of process upon respondent, by delivering a copy of the summons, petition and any affidavit to respondent personally or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process;

(2) By appearance of respondent, either personally or by executing and filing an appearance document in a form approved by the Court, with or without issuance of summons;

(3) By appearance of counsel for respondent, with or without issuance of summons;

(4) Under a court rule not inconsistent with this section; or

(5) As may be otherwise provided by law.
13 Del. C. § 8-506 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-506
§ Â
        8-506. Costs of genetic testing.
Status: in_force

(a) Subject to assessment of costs under subchapter VI of this chapter, the cost of initial genetic testing must be advanced:

(1) By a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;

(2) By the individual who made the request;

(3) As agreed by the parties; or

(4) As ordered by the court.

(b) In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
13 Del. C. § 1516 — Delaware Code / Title 13 / Chapter 15 / Section 1516
§ Â
        1516. Hearings; use of masters; impoundment; assignment of counsel.
Status: in_force

(a) All hearings and trials shall be private, but for reasons appearing sufficient to the Court any hearing or trial may be opened to any person who has a direct and legitimate interest in the particular case, or a legitimate educational or research interest in the work of the Court.

(b) A judge or commissioner, sitting without a jury, shall conduct all hearings and trials where there is a contest, and in those proceedings that are uncontested.

(c) Whenever it seems appropriate, in the interest of justice, the Court may designate a disinterested attorney to defend, or otherwise participate in, a proceeding before the Court, and a fee for such attorney shall be taxed as part of the costs.

(d) No record or evidence in any case shall be impounded or access thereto refused.
13 Del. C. § 518 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 518
§ Â
        518. Accounting.
Status: in_force

A person who receives funds from another person for the support of a child in that person’s care is a fiduciary with respect to such funds and may be ordered by the Court to account for the expenditure and management of such funds on application by any payer of such funds for good cause shown. Any application filed for such an accounting shall state with particularity the reasons why it is being sought and the basis for believing that such an accounting is necessary. The Court may dismiss any application for an accounting if the application does not show good cause why such an accounting should be ordered, and the Court shall order that all costs and reasonable counsel fees incurred by the fiduciary in such fiduciary’s defense be paid by the unsuccessful applicant. If an accounting is granted by the Court, it may equitably apportion the costs, including reasonable counsel fees, of the action among the parties to the proceeding after taking into account the legal and factual basis for the action, the results obtained, the financial resources of the parties, and such other factors as the Court deems just and equitable.
13 Del. C. § 732 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 732
§ Â
        732. Procedural rights.
Status: in_force

Each party to a proceeding under this chapter (including the child, if counsel or a guardian ad litem for the child has been appointed by the Court) shall possess all the procedural rights which those parties would have heretofore possessed in any proceeding brought pursuant to this chapter in the Superior Court of this State, including, but not limited to, the following:

(1) Right to institute and retain complete control of the suit;

(2) Right to select counsel; and

(3) Right to appeal to the Supreme Court of this State on the record from interlocutory or final orders, such appeals to be in the form and manner provided by the Rules of the Supreme Court.
13 Del. C. § 6-506 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-506
§ Â
        6-506. Contest by obligor.
Status: in_force

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in subchapter VI of this chapter, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State.

(b) The obligor shall give notice of the contest to:

(1) A support enforcement agency providing services to the obligee;

(2) Each employer that has directly received an income-withholding order relating to the obligor; and

(3) The person designated to receive payments in the income-withholding order, or if no person is designated, to the obligee.
13 Del. C. § 8-806 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-806
§ Â
        8-806. Eligibility.
Status: in_force

(a) Prior to executing an agreement to act as a gestational carrier, a woman must meet the following requirements:

(1) She is at least 21 years of age;

(2) She has given birth to at least 1 child;

(3) She has completed a medical evaluation;

(4) She has completed a mental health evaluation;

(5) She has been represented by independent legal counsel regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement which legal expense shall be paid for by the intended parent(s) if requested; and

(6) She has or obtains prior to the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parent(s) on behalf of the gestational carrier pursuant to the gestational carrier agreement.

(b) A person or persons intending to become a parent or parents, whether genetically related to the child or not, must meet the following requirements at the time the gestational carrier agreement is executed:

(1) The person or persons have completed a mental health evaluation; and

(2) The person or persons have independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement.
13 Del. C. § 8-312 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-312
§ Â
        8-312. Forms for acknowledgement and denial of paternity.
Status: in_force

(a) To facilitate compliance with this subchapter, the Division of Child Support Services shall prescribe forms for the acknowledgment of paternity and the denial of paternity.

(b) A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
13 Del. C. § 2362 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2362
§ Â
        2362. Definitions.
Status: in_force

In addition to the definitions provided for in this chapter, as used in this subchapter:

(1) “Appointed standby guardian” means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determination of incapacity or debilitation of the parent, custodian, or guardian.

(2) “Attending physician” means the physician who has primary responsibility for the treatment and care of the parent, custodian or guardian. Where more than 1 physician shares such responsibility, or where a physician is acting on the attending physician’s behalf, any such physician may act as the attending physician. If no physician has responsibility for the care and treatment of the parent, custodian, or guardian, any physician who is familiar with the parent’s, custodian’s, or guardian’s medical condition may act as the attending physician.

(3) “Custodian” means a nonparent who has been awarded custody of a child by order of the Family Court, but excludes the Department of Services for Children, Youth and Their Families when it or any of its divisions have been awarded custody by order of the Family Court.

(4) “Debilitation” means a person’s chronic and substantial inability, as a result of a terminal illness, disease or injury, to care for a child. “Debilitated” means a person’s state of chronic and substantial inability, as a result of a terminal illness, disease or injury to care for a child.

(5) “Designated standby guardian” means a person designated pursuant to this subchapter to assume temporarily the duties of guardianship of a child upon the death or a determination of incapacity or debilitation of the parent, custodian or guardian.

(6) “Designator” means a parent, custodian or guardian who makes a designation of a standby guardian.

(7) “Determination of debilitation” means a written determination made by the attending physician which contains the physician’s opinion to a reasonable degree of medical certainty regarding the nature, cause, extent and probable duration of the parent’s, custodian’s or guardian’s debilitation.

(8) “Determination of incapacity” means a written determination made by the attending physician which contains the physician’s opinion to a reasonable degree of medical certainty regarding the nature, cause, extent and probable duration of the parent’s, custodian’s or guardian’s incapacity.

(9) “Incapacity” means a person’s chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the child, and a consequent inability to care for the child. “’Incapacitated” means a state of chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the child, and a consequent inability to care for the child.

(10) “Triggering event” means an event in the designation, petition or decree which empowers the standby guardian to assume the duties of the office, which event may be the death, incapacity, or debilitation of the parent, custodian, or guardian, whichever occurs first.
13 Del. C. § 8-308 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-308
§ Â
        8-308. Challenge after expiration of period for rescission.
Status: in_force

(a) After the period for rescission under § 8-307 of this title has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:

(1) On the basis of fraud, duress, or material mistake of fact; and

(2) Within 2 years after the acknowledgment or denial is filed with the Office of Vital Statistics.

(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
13 Del. C. § 721 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 721
§ Â
        721. Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations.
Status: in_force

(a) A child custody proceeding is commenced in the Family Court of the State, or as otherwise provided by law, by a parent filing a petition seeking custody of the child in the county where the child is permanently a resident or where the child is found.

(b) Notice of a child custody proceeding shall be given to the child’s parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The Court may, upon a showing of good cause, permit the intervention of other interested parties.

(c) The Court may, in the interest of the child, appoint an attorney to represent the child in the proceedings. A fee for an attorney so appointed shall be allowed as part of the costs of the proceeding.

(d) Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court. The preliminary injunction shall be effective against the petitioner upon the filing of the petition for custody or visitation and upon the respondent upon service of a copy of the petition.

(e) A custody proceeding between parents shall be determined in accordance with §§ 722, 729 and Chapter 7A of this title, whichever shall apply.
13 Del. C. § 2358 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2358
§ Â
        2358. Duties and rights of parents.
Status: in_force

(a) While a permanent guardianship is in effect, the parent shall have the following rights:

(1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order granting permanent guardianship relating to contact, visitation or information.

(2) Inheritance by and from the child.

(3) Right to consent to termination of parental rights or adoption of the child.

(b) The parent shall have the primary responsibility to support the child financially.

(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.

(d) If the child has been in the custody of DSCYF immediately prior to the entry of an order for a permanent guardianship, DSCYF shall have no further duty of support or care for the child after establishment of the permanent guardianship unless DSCYF agrees in writing to that support.
13 Del. C. § 962 — Delaware Code / Title 13 / Chapter 9 / Subchapter III / Section 962
§ Â
        962. Search and reunion services.
Status: in_force

(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 parent is deceased, siblings (full or half) of the birth parent;

(3) Birth siblings (full or half) of the adoptee.

(b) When a licensed adoption agency locates an individual sought by an adoptee 21 years of age or older, the agency will advise the located individual of the right to make a no-contact declaration. If a no-contact declaration is made either verbally to a licensed adoption worker or in a writing filed with the agency, the agency will so advise the adoptee and no further assistance will be provided. If a no-contact declaration is not expressed, the agency shall immediately advise the searching adoptee of the located individual’s current name, address, and telephone number.

(c) If requested, the agency shall provide counseling or intermediary services, or both, to the searching adoptee or the located individual, or to both.
13 Del. C. § 8-104 — Delaware Code / Title 13 / Chapter 8 / Subchapter I / Section 8-104
§ Â
        8-104. Court of this State.
Status: in_force

The Family Court of the State of Delaware is authorized to adjudicate parentage under this chapter.
13 Del. C. § 6-708 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-708
§ Â
        6-708. Recognition and enforcement of registered Convention support order.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this State shall recognize and enforce a registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:

(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2) The issuing tribunal lacked personal jurisdiction consistent with § 6-201 of this title;

(3) The order is not enforceable in the issuing country;

(4) The order was obtained by fraud in connection with a matter of procedure;

(5) A record transmitted in accordance with § 6-706 of this title lacks authenticity or integrity;

(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;

(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State;

(8) Payment, to the extent alleged arrears have been paid in whole or in part;

(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country;

a. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

b. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10) The order was made in violation of § 6-711 of this title.

(c) If a tribunal of this State does not recognize a Convention support order under paragraphs (b)(2), (4), or (9) of this section:

(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2) The Division of Child Support Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under § 6-704 of this title.
13 Del. C. § 931 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 931
§ Â
        931. Penalties.
Status: in_force

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 the placement of a child for the purpose of adoption, or acts as an intermediary for the purpose of adoption, shall be fined not more than $5,000, or shall be imprisoned not more than 5 years, or both.
13 Del. C. § 8-505 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-505
§ Â
        8-505. Genetic testing results; rebuttal.
Status: in_force

(a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this subchapter and the results disclose that:

(1) The man has at least a 99 percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and

(2) A combined paternity index of at least 100 to 1.

(b) A man identified under subsection (a) of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this subchapter which:

(1) Excludes the man as a genetic father of the child; or

(2) Identifies another man as the possible father of the child.

(c) Except as otherwise provided in § 8-510 of this title, if more than 1 man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
13 Del. C. § 6-202 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-202
§ Â
        6-202. Duration of personal jurisdiction.
Status: in_force

Personal jurisdiction acquired by a tribunal of this State in a proceeding under this chapter or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 6-205, 6-206, and 6-211 of this title.
13 Del. C. § 914 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 914
§ Â
        914. Death, divorce, annulment, separation of petitioner pending proceeding.
Status: in_force

(a) In the event of the death of a sole petitioner, or of both petitioners, the proceedings shall abate and the petition shall be dismissed.

(b) When, after a petition for adoption has been filed, 1 of 2 petitioners dies, or as a result of divorce, annulment or separation, legal or otherwise, the petitioners would no longer be qualified to petition jointly, the proceedings shall be stayed. The Family Court in which the petition was originally filed shall then decide on the basis of a report to be obtained by it from the Department or licensed agency, whether the proceedings shall continue or whether the petition should be dismissed.
13 Del. C. § 2356 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2356
§ Â
        2356. Order granting permanent guardianship.
Status: in_force

(a) The Court shall issue an order regarding permanent guardianship within 45 days of 1 of the following:

(1) The final day of trial.

(2) The filing of the petition and social report in cases based upon the consent of all parties.

(b) If the Court grants permanent guardianship, it shall include in that order provisions regarding visitation by the child with the child’s parents, contact by the child with the child’s parents, and the sharing of information to be provided to the parents about the child, all based upon the child’s best interests.

(c) The order granting permanent guardianship may prohibit visitation, contact or information if such prohibition is in the child’s best interests.

(d) The order granting permanent guardianship may incorporate an agreement reached by the parties.