13 Del. C. § 2214 — Delaware Code / Title 13 / Chapter 22 / Section 2214
§ Â
        2214. Collection and use of Social Security numbers.
Status: in_force

(a) The Division of Child Support Services shall have access to the Social Security number of:

(1) Any applicant for a license as that has been defined in this section;

(2) Any applicant for a marriage license;

(3) Any individual who is subject to a divorce decree, support order or judgment, paternity order, or an acknowledgment of paternity filed in this State pursuant to § 8-302 of Title 13 or §§ 3105 and 3121 of Title 16;

(4) Any individual who has died; and

(5) Any individual who is a petitioner or respondent in a paternity or child support proceeding filed in this State or in an interstate action in which this State serves as the initiating or responding jurisdiction.

(b) Social security numbers collected pursuant to subsection (a) of this section shall be maintained in the records of the collecting agency. In the case of individuals who have died, the Social Security number also shall appear on the face of the death certificate.

(c) As used in this section, the term “license” means a commercial driver’s license or license to operate a motor vehicle issued or renewed under Chapter 26 or 27 of Title 21, a hunting, fishing and 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).

(d) Upon request, the Division of Child Support Services shall make available locator information, as provided in subsection (a) of this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.). The Division may respond to a request for information made under this section by any appropriate method including, but not limited to, paper, facsimile, telephone, magnetic tape or other electronic means.

(e) If a tribunal or agency also uses an identifying number other than the Social Security number, the tribunal or agency must so advise parties or applicants.

(f) The Director of the Division of Child Support Services shall be responsible for the preparation of policy, procedures, and directives as may be required to implement this section.
13 Del. C. § 403 — Delaware Code / Title 13 / Chapter 4 / Section 403
§ Â
        403. Entry of support order of another jurisdiction for income withholding.
Status: in_force

(a) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) of this section from an agency of another jurisdiction, the Division of Child Support Services shall file these documents with the Clerk of the Family Court in which withholding is being sought. The Clerk of the Court shall accept the documents filed and such acceptance shall constitute entry of the support order under this chapter.

(b) The following documentation is required for the entry of a support order of another jurisdiction:

(1) A certified copy of the support order with all modifications;

(2) A certified copy of an income withholding order, if any, still in effect;

(3) A copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;

(4) A sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any;

(5) A statement of:

a. The name, address and social security number of the obligor, if known;

b. The name and address of the obligor’s employer or of any other source of income of the obligor derived in this State against which income withholding is sought; and

c. The name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.

(c) If the documentation received by the Bureau under subsection (a) of this section does not conform to the requirements of subsection (b) of this section, the Bureau shall remedy any defect which it can without the assistance of the requesting agency. If the Bureau is unable to make such corrections, the requesting agency shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The Bureau shall accept the documentation required by subsections (a) and (b) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.

(d) A support order entered under subsection (a) of this section shall be enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in §§ 404 through 411 of this title and § 513(b) of this title. Entry of the order shall not confer jurisdiction on the courts of this State for any purpose other than income withholding.
13 Del. C. § 922 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 922
§ Â
        922. Birth certificate.
Status: in_force

(a) If a child born in this State is adopted in this State or in another state, the State Registrar shall file a new certificate of birth upon receipt of a certified copy of the decree of adoption from the proper authorities of the state in which the adoption took place.

(b) If the adopted child was born outside this State, and a certificate of birth cannot be secured from the place of birth, the State Registrar may file and issue a special birth certificate as herein provided, upon receipt from the agency responsible for the adoption of evidence of the birth, considered satisfactory by the Registrar.
13 Del. C. § 2357 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2357
§ Â
        2357. Powers and duties of the permanent guardian.
Status: in_force

A permanent guardian shall have the same powers and duties as set forth in § 2340 of this title.
13 Del. C. § 1508 — Delaware Code / Title 13 / Chapter 15 / Section 1508
§ Â
        1508. Obtaining jurisdiction over respondent.
Status: repealed

(a) After the filing of the petition, 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 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.

(b) If the petition avers that it is unlikely that jurisdiction can be acquired over respondent except by mailing and publication, or by publication only, whether respondent is a resident or a nonresident of this State, jurisdiction may be acquired over respondent by mailing and publication, or by publication only, under subsection (d) of this section.

(c) If an effort has been made unsuccessfully to obtain jurisdiction over respondent as provided in subsection (a) of this section, then jurisdiction may be acquired over respondent by mailing and publication, or by publication only, under subsection (d) of this section.

(d) (1) When service is to be made upon respondent by mailing and publication, the Clerk of the Family Court shall do all of the following:

a. Send a copy of the summons, petition, and any affidavit to respondent by registered or certified mail, return receipt requested, to the address that petitioner had averred it is most likely that mail will be received by respondent.

b. Cause a notice in the form that the Court approves to be published on a legal notices website established by the Court or once in a newspaper of general circulation in the county where the action is pending.

(2) If petitioner has averred that such petitioner knows of no address where it is most likely that mail will be received by respondent there shall be no mailing.

(3) No further notice shall be required unless the Court, deeming the circumstances exceptional, requires further notice.

(e) [Repealed.]

(f) When the petition avers that respondent is a resident of this State, the summons shall be delivered to an officer for service in the county where it appears most likely that service can be effected on respondent.

(g) The expense of mailing and publication shall be taxed as part of the costs of the case.

(h) Original process, whether an original, alias or pluries writ, is returnable 20 days after the issuance of the writ, except that the Court by rule, or by order after application for cause shown, may provide that the writ be returnable sooner or later.
13 Del. C. § 704A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 704A
§ Â
        704A. Fleeing from domestic violence.
Status: in_force

For purposes of this title, it shall not be considered evidence of abandonment in any child custody or visitation proceeding if a parent flees from domestic violence and temporarily leaves the child behind, as long as that child is not left in immediate danger of serious physical injury.
13 Del. C. § 1104 — Delaware Code / Title 13 / Chapter 11 / Section 1104
§ Â
        1104. Eligibility to petition for termination of parental rights.
Status: in_force

A petition for the termination of parental rights may be filed by any of the following:

(1) A parent or presumed father of the child.

(2) A relative of the child.

(3) DSCYF or a licensed agency.

(4) A guardian or permanent guardian of the child.
13 Del. C. § 201 — Delaware Code / Title 13 / Chapter 2 / Section 201
§ Â
        201. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Civil union” means a legal union between 2 individuals of the same sex established pursuant to this chapter.

(2) “Party” or “party to a civil union” means an individual who is a party to a civil union established pursuant to this chapter.
13 Del. C. § 1910 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1910
§ Â
        1910. Communication between courts.
Status: in_force

(a) A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter.

(b) The court may allow the parties to participate in the communication. If the parties do not participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
13 Del. C. § 705A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 705A
§ Â
        705A. Rebuttable presumption against custody or residence of minor child to perpetrator of domestic violence.
Status: in_force

(a) Notwithstanding other provisions of this title, there shall be a rebuttable presumption that no perpetrator of domestic violence shall be awarded sole or joint custody of any child.

(b) Notwithstanding other provisions of this title, there shall be a rebuttable presumption that no child shall primarily reside with a perpetrator of domestic violence.

(c) The above presumptions shall be overcome if there have been no further acts of domestic violence and the perpetrator of domestic violence has:

(1) Successfully completed 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; and

(2) Successfully completed a program of alcohol or drug abuse counseling if the Court determines that such counseling is appropriate; and

(3) Demonstrated that giving custodial or residential responsibilities to the perpetrator of domestic violence is in the best interests of the child.

The presumption may otherwise be overcome only if a judicial officer finds extraordinary circumstances that warrant the rejection of the presumption, such as evidence demonstrating that there exists no significant risk of future violence against any adult or minor child living in the home or any other family member, including any ex-spouse.

(d) In those cases in which both parents are perpetrators of domestic violence, the case shall be referred to the Division of Family Services of the Department of Services for Children, Youth and their Families for investigation and presentation of findings. Upon consideration of such presentation, and all other relevant evidence, including but not limited to, evidence about the history of abuse between the parents and evidence regarding whether 1 parent has been the primary aggressor in the household, the court shall decide custody and residence pursuant to the best interests of the child.

(e) Notwithstanding other provisions of this title, including the rebuttable presumption set forth in this section, where a court has determined by at least a preponderance of the evidence, that the perpetrator of domestic violence has subjected any child to death or near death injuries, as that term is defined in § 301 of Title 31, the court shall not award joint or sole custody to the perpetrator of domestic violence, nor permit the perpetrator of domestic violence to exercise custodial or residential responsibilities, nor permit any visitation between the perpetrator of domestic violence and any child, without considering expert testimony from a certified mental health professional that such a custodial, residential or visitation arrangement is in the child’s best interests. If such a custodial, residential or visitation arrangement is determined to be in the child’s best interests, the court shall then apply the remaining factors set forth in subsection (c) of this section.
13 Del. C. § 2209 — Delaware Code / Title 13 / Chapter 22 / Section 2209
§ Â
        2209. Notice of income withholding and National Medical Support Notice.
Status: in_force

Within 2 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires pursuant to § 2208(b) of this title, the Division shall transmit a notice to the employer of an employee whose child support obligation is subject to enforcement by the Division directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) child support obligation (including any past due support obligation or retroactive support) of the employee, unless the employee’s income is not subject to withholding under § 513(b)(1) of this title and transfer the National Medical Support Notice to the employer.
13 Del. C. § 6-706 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-706
§ Â
        6-706. Registration of Convention support order.
Status: in_force

(a) Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in subchapter VI of this chapter.

(b) Notwithstanding §§ 6-311 and 6-602(a) of this title, a request for registration of a Convention support order must be accompanied by:

(1) A complete text of the support order;

(2) A record stating that the support order is enforceable in the issuing country;

(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) A record showing the amount of arrears, if any, and the date the amount was calculated;

(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under § 6-707 of this title only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
13 Del. C. § 104 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 104
§ Â
        104. Entering into prohibited marriage outside the State; penalty.
Status: in_force

If a marriage prohibited by this chapter is contracted or solemnized outside of the State, when the legal residence of either party to the marriage is in this State, and the parties thereto shall afterwards live and cohabit as spouses within the State, they shall be punished in the same manner as though the marriage had been contracted in this State.
13 Del. C. § 6-902 — Delaware Code / Title 13 / Chapter 6 / Subchapter IX / Section 6-902
§ Â
        6-902. Severability clause.
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
13 Del. C. § 953 — Delaware Code / Title 13 / Chapter 9 / Subchapter II / Section 953
§ Â
        953. Decree of adoption.
Status: in_force

If the petition complies with the requirements of §§ 951 and 952 of this title, and if the person or persons to be adopted appear in court and consent to the adoption, the Family Court may render a decree ordering the issuance of a certificate of adoption to the petitioner or petitioners. The decree shall state the sex, age and the name by which the person or persons adopted shall thereafter be known.
13 Del. C. § 8-802 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-802
§ Â
        8-802. Scope and purpose.
Status: in_force

(a) The purpose of this subchapter is to establish consistent standards and procedural safeguards for the protection of all parties to a gestational carrier agreement in this State and to confirm the legal status of children born as a result of these agreements. These standards and safeguards are meant to facilitate the use of this type of reproductive agreement in accordance with the public policy of this State.

(b) This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.
13 Del. C. § 706A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 706A
§ Â
        706A. Evidence of domestic violence.
Status: in_force

(a) Any evidence of a past or present act of domestic violence, whether or not committed in the presence of the child, is a relevant factor that must be considered by the court in determining the legal custody and residential arrangements in accordance with the best interests of the child.

(b) If sole or joint custody is awarded to, or if primary residence of a child is placed with, a party notwithstanding evidence that the party has committed acts of domestic violence against the other parent, against the child or against any other person living in the child’s household, the court shall make specific written findings in support of the decision to award custody or primary residence to that party.
13 Del. C. § 117 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 117
§ Â
        117. Forms to be sent to clerk of the peace; duties of the clerk.
Status: in_force

(a) The person performing the marriage shall, within 4 days after the ceremony, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe.

(b) The clerk of the peace shall immediately enter in the Marriage Record Book, as prescribed by the Department of Health and Social Services, the date of the marriage and the name of the person performing the ceremony.
13 Del. C. § 1103 — Delaware Code / Title 13 / Chapter 11 / Section 1103
§ Â
        1103. Grounds for termination of parental rights.
Status: in_force

(a) The procedure for termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of a child by another plan which may or may not contemplate the continued possibility of eventual adoption, may be initiated when it appears to be in the child’s best interest and 1 or more of the following grounds exist:

(1) Consent. — A parent of the child, or a person or organization holding parental rights over the child desires to relinquish parental rights for the purpose of adoption, and the Court, in its discretion, accepts the consent or the parent has satisfied the requirements under § 907A of Title 16.

(2) Intentional abandonment. —

The Court finds that the respondent abandoned the child and the abandonment was intentional. The respondent’s subsequent conduct does not cure the abandonment. Intentional abandonment is evidenced by at least 1 of the following:

a. When the petition for termination of parental rights is filed, the child is under 6 months old and the respondent has failed to do all of the following:

1. Pay reasonable prenatal, natal, and postnatal expenses for the child.

2. Visit regularly with the child or file a petition for visitation with the Court.

3. Manifest an ability and willingness to assume legal and physical custody of the child, if the child was not in the physical custody of the other parent during this time.

b. When the petition for termination of parental rights is filed, the child is at least 6 months old and, for at least 6 consecutive months of the 12 months preceding the filing of the petition, the respondent failed to do all of the following:

1. Communicate or visit regularly with the child.

2. Manifest an ability and willingness to assume legal and physical custody of the child, if the child was not in the physical custody of the other parent during this time.

c. When the petition for termination of parental rights is filed, the child is under 6 years old and the respondent has manifested unwillingness to exercise parental rights and responsibilities over the child, as evidenced by the respondent having placed the child in circumstances in which the child was at substantial risk of injury or death.

(3) Unintentional abandonment. —

The Court finds that the respondent abandoned the child and the abandonment was unintentional. The respondent’s subsequent conduct does not cure the abandonment. Unintentional abandonment is evidenced by both of the following:

a. For at least 12 consecutive months of the 18 months preceding the filing of the petition, the respondent has failed to do all of the following:

1. Communicate or visit regularly with the child.

2. File or pursue a pending petition to establish paternity or to establish a right to have contact or visitation with the child.

3. Manifest an ability and willingness to assume legal and physical custody of the child, if the child was not in the physical custody of the other parent during this time.

b. One or more of the following grounds exists:

1. The child is not in the other parent’s legal and physical custody and the respondent is not able or willing to promptly assume legal and physical custody of the child and pay reasonable support for the child.

2. The child is in the legal and physical custody of the other parent and a stepparent, and all of the following apply:

A. The stepparent is the prospective adoptive parent.

B. The respondent is not able or willing to promptly establish and maintain contact with the child and pay reasonable support for the child.

3. Placing the child in the respondent’s legal and physical custody would pose a risk of substantial harm to the child’s physical or psychological well-being because the respondent is unfit to maintain a relationship of parent and child with the child, as indicated by at least 1 of the following:

A. The circumstances of the child’s conception.

B. The respondent’s behavior during the mother’s pregnancy or since the child’s birth.

C. The respondent’s behavior with respect to another child.

4. Failure to terminate the respondent’s parental rights would be detrimental to the child. —

In determining whether this ground exists, the Court shall consider all relevant factors, including all of the following:

A. The respondent’s efforts to obtain or maintain legal and physical custody of the child.

B. The role of another person in thwarting the respondent’s efforts to assert parental rights.

C. The respondent’s ability to care for the child.

D. The child’s age.

E. The quality of a previous relationship between the respondent and child, and between the respondent and another child.

F. The duration and suitability of the child’s current custodial environment.

G. The effect on the child of a change of physical custody.

(4) Conviction or adjudication of delinquency. —

The respondent has had a conviction or has been adjudicated as a delinquent child relating to any of the following offenses or substantially similar offenses of another jurisdiction:

a. A felony level offense against the person under subchapter II of Chapter 5 of Title 11, in which the victim is a child.

b. Aiding, abetting, attempting, conspiring, or soliciting to commit a felony level offense against the person under subchapter II of Chapter 5 of Title 11, in which the victim is a child.

c. Dealing in children or attempting to deal in children, under § 1100A of Title 11.

d. Felony level endangering the welfare of a child, under § 1102 of Title 11.

e. Murder or manslaughter of the other parent of the child who is the subject of the petition.

f. Aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of the other parent of the child who is the subject of the petition.

(5) Failure to plan, DSCYF or licensed agency. —

A child is in DSCYF custody or placed by a licensed agency and the respondent is not able or has failed to plan adequately for the child’s physical needs or mental and emotional health and development, and at least 1 of the following conditions are met:

a. The child has been in DSCYF custody or placed by a licensed agency for at least 1 year.

b. The child has been in DSCYF custody or placed by a licensed agency for at least 6 months and the child came into care as an infant.

c. DSCYF previously had custody of the child or another child of the respondent.

d. The respondent has a history of dependency, neglect, abuse, or lack of care of the child or another child.

e. The respondent is incapable of discharging parental responsibilities due to extended or repeated incarceration, but the Court may consider the respondent’s postconviction conduct.

(6) Failure to plan, private. —

The child is a dependent child or neglected child in the respondent’s care at the time of the hearing and the Court finds that all of the following exist:

a. The petitioner is the child’s parent, guardian, permanent guardian, or relative.

b. The child has resided in the petitioner’s home for at least 1 year.

c. The respondent failed to discharge parental responsibilities for at least 12 of the 18 months preceding the filing of the petition.

d. The respondent is unlikely to be able to remedy the dependency or neglect in the near future. In making this determination, the Court shall consider the respondent’s efforts to remedy the dependency or neglect.

(7) Prior involuntary termination. —

The respondent’s parental rights over another child have been involuntarily terminated.

(8) Abuse. —

The respondent has subjected a child to torture, chronic abuse, sexual abuse, or life-threatening abuse.

(9) Unexplained serious injury or death. —

A child has suffered unexplained serious physical injury, near death, or death under circumstances indicating that the injuries, near death, or death resulted from the respondent’s intentional or reckless conduct or wilful neglect.

(b) Unless adoption is contemplated, the termination of 1 parent’s rights may not be granted if the effect will be to leave only 1 parent holding parental rights, unless the Court finds that continuing the rights to be terminated will cause the child serious physical or emotional harm.

(c) Nothing in this chapter may be construed to authorize a court to terminate the rights of a parent solely because the parent provides for the child, in good faith and in lieu of medical treatment, treatment by spiritual means alone through prayer under the tenets and practice of a recognized church or religious denomination. However, nothing under this chapter prevents a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child’s health and welfare.

(d) DSCYF is not required to perform reunification or related services under Chapter 90 of Title 29 when the Court finds by clear and convincing evidence that a ground for termination of a parent’s rights exists under paragraphs (a)(2), (4), (7), (8), or (9) of this section. Notwithstanding the Court’s finding, DSCYF may elect, in its sole discretion, to perform reunification or related services under Chapter 90 of Title 29.
13 Del. C. § 217 — Delaware Code / Title 13 / Chapter 2 / Section 217
§ Â
        217. Rules of construction.
Status: in_force

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

(b) The rule of construction that specific statutory provisions should prevail over general statutory provisions shall have no application to this chapter except to the extent that the provisions of this chapter are considered specific as opposed to general provisions.
13 Del. C. § 728A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 728A
§ Â
        728A. 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 proceeding in which 1 of the parties is a sex offender.
13 Del. C. § 6-318 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-318
§ Â
        6-318. Assistance with discovery.
Status: in_force

A tribunal of this State may:

(1) Request a tribunal outside this State to assist in obtaining discovery; and

(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this State.
13 Del. C. § 108 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 108
§ Â
        108. Fee for issuing marriage licenses; prohibition of other charges.
Status: in_force

Clerks of the peace shall issue marriage licenses for $10 each, $4.00 of which shall be deposited by the clerks of the peace with the Department of Health and Social Services for each license delivered to the various clerks of the peace to defray the costs of the various forms and certificates required by this chapter. No charge shall be made for investigation to establish the validity of any papers required of certain applicants for marriage licenses under this chapter, nor shall any person in this State make any charge for the execution of any papers required under this chapter, except that this shall not be construed to prohibit a charge for the execution of any affidavits that are required under this chapter, and except that a charge may be made for the marriage license as provided in this chapter.
13 Del. C. § 2215A — Delaware Code / Title 13 / Chapter 22 / Section 2215A
§ Â
        2215A. Child support liens; data match.
Status: in_force

(a) For purposes of this section:

(1) “Data collection organization” means an insurance claim data collection organization or data match program that cooperates and coordinates with the Division of Child Support Services.

(2) “Director” means the Director of the Division.

(3) “Division” means the Division of Child Support Services.

(b) (1) Upon notice of a claim based upon negligence, personal injury, or workers’ compensation, an insurer authorized to transact business under Title 18 shall submit required claim data maintained by the insurer or other paying agent directly to a data collection organization.

(2) An insurer shall submit the claim data required under this section no less than monthly.

(3) The claim data required under this section must include the claimant’s name and address and if known, the claimant’s date of birth and social security number or other taxpayer identification number.

(c) A data collection organization must conduct a data match of all claimants provided under subsection (b) of this section and the data file provided by the Division and report any matches to the Division.

(d) If an insurer does not provide claim data under subsection (b) of this section, the insurer is liable to the Director for the amount that would have been due if the claim data had been reported and the lien issued and perfected.

(e) An insurer, other paying agent, or data collection organization is not liable for any of the following:

(1) Disclosing information under this section.

(2) Encumbering or surrendering assets under this section.

(3) Actions taken in good faith to comply substantially with the requirements of this section.
13 Del. C. § 8-101 — Delaware Code / Title 13 / Chapter 8 / Subchapter I / Section 8-101
§ Â
        8-101. Short Title.
Status: in_force

This chapter may be cited as the “Uniform Parentage Act.”
13 Del. C. § 214 — Delaware Code / Title 13 / Chapter 2 / Section 214
§ Â
        214. Treatment of parties to a civil union for purposes of Delaware law.
Status: in_force

(a) A party to a civil union shall be included in any definition or use of the terms “dependent”, “family”, “husband and wife”, “immediate family”, “next of kin”, “spouse”, “stepparent”, “tenants by the entirety”, and other terms, whether or not gender-specific, that denote a spousal relationship or a person in a spousal relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity.

(b) To the extent that another provision of this Code (other than Chapter 1 of this title) or other laws of this State (including, without limitation, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) utilizes a term used in Chapter 1 of this title relating to marriage, references a section of Chapter 1 of this title, or references marital status, except to the extent otherwise set forth in this chapter, such term, section or other reference shall be deemed to also utilize, include or reference the applicable corresponding term, section or other reference relating to civil unions or civil union status as established in this chapter.
13 Del. C. § 6-309 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-309
§ Â
        6-309. Private counsel.
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
13 Del. C. § 8-402 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-402
§ Â
        8-402. Registration for notification.
Status: in_force

(a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered must register in the registry of paternity before the birth of the child or within 30 days after the birth of the child.

(b) A man is not required to register if:

(1) A father-child relationship between the man and the child has been established under this chapter or other law; or

(2) The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.

(c) A registrant shall promptly notify the registry in a record of any change in the information registered. The Office of Vital Statistics shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.
13 Del. C. § 1510 — Delaware Code / Title 13 / Chapter 15 / Section 1510
§ Â
        1510. Enforcement of interim orders.
Status: in_force

Whenever there is exhibited to any duly authorized sheriff, constable or police officer a certified copy of an order issued by the Court in an action for divorce, or annulment, enjoining any person from threatening, beating, striking, assaulting any other person, or requiring the person to remove that person’s own self from certain premises and to refrain from loitering, entering or remaining near the premises thereafter and the copy of the order shows under signature of the person so serving that a copy of the order has been properly served upon the person named in the order and the person named commits an apparent violation of its terms, it shall be the duty of the sheriff, constable or police officer to take the person named in the order immediately before the Court issuing the order or if that Court is not in session then to the nearest jail until bail is fixed and provided or until the convening of its next session, to await further action for the violation.
13 Del. C. § 1941 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1941
§ Â
        1941. Costs, fees and expenses.
Status: in_force

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter.
13 Del. C. § 1934 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1934
§ Â
        1934. Registration of child custody determination.
Status: in_force

(a) A child custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the court:

(1) A letter or other document requesting registration;

(2) Two copies, including 1 certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) Except as otherwise provided in § 1928 of this title, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a) of this section, the registering court shall:

(1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and

(2) Serve notice upon the persons named pursuant to paragraph (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(c) The notice required by paragraph (b)(2) of this section must state that:

(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this State;

(2) A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and

(3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(1) The issuing court did not have jurisdiction under subchapter II of this chapter;

(2) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II of this chapter; or

(3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 1908 of this title, in the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
13 Del. C. § 2331 — Delaware Code / Title 13 / Chapter 23 / Subchapter III / Section 2331
§ Â
        2331. Duties and rights of parents.
Status: in_force

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

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

(2) Inheritance by and from 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 guardian. The provision of necessities by the 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 granting of a guardianship order, DSCYF shall have no further duty of support or care for the child after establishment of the guardianship unless DSCYF agrees in writing to that support.
13 Del. C. § 8-813 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-813
§ Â
        8-813. Application.
Status: in_force

(a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this subchapter. This subchapter shall be broadly construed to accomplish its intended purposes.

(b) The provisions of this subchapter shall apply only to agreements executed after the July 3, 2013, except proceedings for pre-birth determination of parentage pursuant to § 8-611(a) of this title which may be commenced on or after July 3, 2013.
13 Del. C. § 8-811 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-811
§ Â
        8-811. Severability.
Status: in_force

If any provision of this subchapter or its application to any person or circumstance is held to be invalid, the invalidity of that provision or application does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application.
13 Del. C. § 6-319 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-319
§ Â
        6-319. Receipt and disbursement of payments.
Status: in_force

(a) A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this State, upon request from the support enforcement agency of this State or another state, the Division of Child Support Services or a tribunal of this State shall:

(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) Issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this State receiving redirected payments from another state pursuant to a law similar to subsection (b) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by a custodian of the record of the amount and dates of all payments received.
13 Del. C. § 8-631 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-631
§ Â
        8-631. Rules for adjudication of paternity.
Status: in_force

The court shall apply the following rules to adjudicate the paternity of a child:

(1) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.

(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under § 8-505 of this title must be adjudicated the father of the child.

(3) If the court finds that genetic testing under § 8-505 of this title neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.

(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.

(5) Paternity may not be established with regard to an alleged father without the assistance of genetic testing unless the mother of the child swears or affirms on the record or by affidavit, under penalty of perjury, that she did not have sexual intercourse with any other man at or about the time the child was conceived.
13 Del. C. § 8-607 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-607
§ Â
        8-607. Limitation: Child having presumed father.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the mother or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than 2 years after the birth of the child.

(b) A proceeding seeking to disprove the father-child relationship between a child and the child’s presumed father may be maintained at any time if the Court determines that:

(1) a. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and

b. The presumed father never openly held out the child as his own; or

(2) The presumed father did not commence an action within the limitation period in reliance on the mother’s failure to disclose the possibility of any other alleged fathers.
13 Del. C. § 2211 — Delaware Code / Title 13 / Chapter 22 / Section 2211
§ Â
        2211. Maintenance of records.
Status: in_force

The Division of Child Support Services shall maintain such records as may be required by federal and state law.
13 Del. C. § 6-612 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-612
§ Â
        6-612. Recognition of order modified in another state.
Status: in_force

If a child-support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
13 Del. C. § 8-404 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-404
§ Â
        8-404. Termination of parental rights; child under 1 year of age.
Status: in_force

The parental rights of a man who may be the father of a child may be terminated without notice if:

(1) The child has not attained 1 year of age at the time of the termination of parental rights;

(2) The man did not register timely with the Office of Vital Statistics; and

(3) The man is not exempt from registration under § 8-402 of this title.
13 Del. C. § 6-503 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-503
§ Â
        6-503. Employerâs compliance with 2 or more income-withholding orders.
Status: in_force

If an obligor’s employer receives 2 or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for 2 or more child-support obligees.
13 Del. C. § 6-616 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-616
§ Â
        6-616. Procedure to register child-support order of foreign country for modification.
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this State under §§ 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 at another time. The petition must specify the grounds for modification.
13 Del. C. § 2502 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2502
§ Â
        2502. Definitions.
Status: repealed

For the purposes of this chapter, unless the context indicates differently:

(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.

(2) “Adult” is as defined in § 901 of Title 10.

(3) “Best interests” is determined in accordance with § 722 of this title.

(4) “Caregiver” means a person with whom the child is placed while in DSCYF custody including any licensed home or facility, including group homes, or any relative or nonrelative placement, including those not licensed by DSCYF. Caregiver shall not include secure facilities, facilities primarily operated for the detention of children adjudicated delinquent, accredited psychiatric residential treatment facilities or hospitals.

(5) “Child” is as defined in § 901 of Title 10.

(6) “Court” or “court” is as defined in § 901 of Title 10.

(7) “Department” or “DSCYF” is as defined in § 901 of Title 10.

(8) “Dependency” or “dependent child” is as defined in § 901 of Title 10.

(9) “Division” or “DFS” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.

(10) “Foster parent” is as defined in § 2302 of this title.

(11) “Guardian” is as defined in § 2302 of this title.

(12) [Repealed.]

(13) “Licensed agency” is as defined in § 901 of this title.

(14) “Neglect” or “neglected child” is as defined in § 901 of Title 10.

(15) “Parent” is as defined in § 2302 of this title.

(16) “Parental responsibilities” is as defined in § 1101 of this title.

(17) “Permanency” is as defined in § 2302 of this title.

(18) “Reasonable and prudent parent standard” shall mean the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child, while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child placed in such caregiver’s care while in DSCYF custody to participate in extracurricular, enrichment, cultural, and social activities.

(19) “Relative” is as defined in § 901 of Title 10.

(20) “School of origin” means as defined in § 202A(a) of Title 14.
13 Del. C. § 8-313 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-313
§ Â
        8-313. Release of information.
Status: in_force

The Division of Child Support Services may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and agencies authorized by other law of this State or another state to receive the information of this or another state.
13 Del. C. § 6-615 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-615
§ Â
        6-615. Jurisdiction to modify child-support order of foreign country.
Status: in_force

(a) Except as otherwise provided in § 6-711 of this title, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to § 6-611 of this title has been given or whether the individual seeking modification is a resident of this State or of the foreign country.

(b) An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this section is the controlling order.
13 Del. C. § 6-712 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-712
§ Â
        6-712. Personal information; limit on use.
Status: in_force

Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.
13 Del. C. § 406 — Delaware Code / Title 13 / Chapter 4 / Section 406
§ Â
        406. Income withholding order.
Status: in_force

If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the court shall issue an income withholding order under § 513(b) of this title. The court shall notify the requesting agency of the date upon which withholding will begin. In cases brought under Title IV, Part D, of the Social Security Act (42 U.S.C. § 651 et seq.), the Division may order income withholding in accordance with § 513(b)(12) of this title, without the necessity of obtaining an order from the Court or any other administrative tribunal.
13 Del. C. § 1905 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1905
§ Â
        1905. International application.
Status: in_force

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

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III of this chapter.

(c) A court of this State need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
13 Del. C. § 2354 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2354
§ Â
        2354. Social report.
Status: in_force

A social report covering the factors enumerated in § 2353 of this title shall be prepared by a licensed child-placing agency retained by the petitioner and provided to the Court no later than 1 week prior to trial.
13 Del. C. § 6-314 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-314
§ Â
        6-314. Limited immunity of petitioner.
Status: in_force

(a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this State to participate in the proceeding.
13 Del. C. § 2206 — Delaware Code / Title 13 / Chapter 22 / Section 2206
§ Â
        2206. Confidentiality of records.
Status: in_force

(a) Except as provided by subsection (b) of this section, all files and records of services provided under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), including information related to a custodial parent, noncustodial parent, child, and an alleged, putative, or presumed father, are confidential, and for purposes of the Freedom of Information Act, Chapter 100 of Title 29, these files and records are specifically exempted from public disclosure.

(b) The Division of Child Support Services may use or release information from the files and records for purposes directly connected with the administration of the child support program, including the release of information to other state agencies operated pursuant to Title IV-D of the Social Security Act. The Division may also release information from its files and records to a consumer reporting agency in accordance with § 2217 of this title.
13 Del. C. § 407 — Delaware Code / Title 13 / Chapter 4 / Section 407
§ Â
        407. Applicable enforcement provisions.
Status: in_force

The provisions of § 513(b)(6) through (11) of this title apply to income withholding based on a support order of another jurisdiction entered under this chapter.
13 Del. C. § 8-706 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-706
§ Â
        8-706. Effect of dissolution of marriage or withdrawal of consent.
Status: in_force

(a) If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

(b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
13 Del. C. § 2365 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2365
§ Â
        2365. Persons eligible to petition for guardianship.
Status: in_force

Any parent, custodian or guardian may petition the Family Court for a standby guardianship order regarding a child for whom they have been given legal responsibility.
13 Del. C. § 727A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 727A
§ Â
        727A. Modification of orders.
Status: in_force

Notwithstanding other provisions of this title:

(1) An order concerning visitation issued under this subchapter may be modified at any time if it is in the best interests of the child and/or it is necessary to protect the safety of the child.

(2) A custody order under this subchapter may be modified as provided for in § 729 of this title; however, 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 protection of the child from sexual abuse since the entry of the court’s most recent custody or visitation order.
13 Del. C. § 327 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 327
§ Â
        327. Enforcement; void marriage.
Status: in_force

If a new marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
13 Del. C. § 126 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 126
§ Â
        126. Validity of common-law or other lawful marriages.
Status: in_force

Nothing in this chapter shall be construed to render any common-law or other marriage, otherwise lawful, invalid by reason of the failure to take out a license as provided by this chapter.
13 Del. C. § 1511 — Delaware Code / Title 13 / Chapter 15 / Section 1511
§ Â
        1511. Response; counterclaim; prayers; reply to counterclaim.
Status: in_force

(a) Respondent may file a verified response, move or otherwise plead in answer to the petition, and may counterclaim for divorce or annulment against petitioner, within 20 days after personal service, receipt of service by mail, appearance personally or by counsel, or the date of publication of notice.

(b) Respondent may seek an award of interim relief under § 1509 of this title, alimony where appropriate under § 1512 of this title, disposition of property, attorney’s fees, resumption of former name or any other relief available to a petitioner.

(c) Petitioner may reply, move or otherwise plead in response to a counterclaim for divorce or annulment within 20 days after service of the counterclaim.

(d) For good cause shown, the Court may extend the time stipulated for responding to the petition or a counterclaim.

(e) In any case where there are living children of the marriage, the respondent shall submit with the response, or other responsive pleading, an affidavit signed by the respondent showing that the respondent has read or been advised of the children’s rights set forth in § 1507(g) of this title, which rights shall be set forth in full in said affidavit.
13 Del. C. § 6-611 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-611
§ Â
        6-611. Modification of child-support order of another state.
Status: in_force

(a) If § 6-613 of this title does not apply, upon petition a tribunal of this State may modify a child-support order issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

a. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

b. A petitioner who is a nonresident of this State seeks modification; and

c. The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) This State is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this State may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under § 6-207 of this title establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.

(e) On the issuance of an order by a tribunal of this State modifying a child-support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) of this section and § 6-201(b) of this title, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:

(1) One party resides in another state; and

(2) The other party resides outside the United States.
13 Del. C. § 961 — Delaware Code / Title 13 / Chapter 9 / Subchapter III / Section 961
§ Â
        961. Records.
Status: in_force

As of January 1, 1995, all adoption records presently maintained in the Prothonotary’s Office shall be transferred to Family Court for permanent retention.
13 Del. C. § 704 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 704
§ Â
        704. Action for loss of wages or services of minor child.
Status: in_force

The parents jointly may maintain an action for loss of wages or services of the minor child when such loss is occasioned by injury wrongfully or negligently inflicted upon the child. If either the father or mother is dead or has abandoned the child or has been deprived of its custody by court decree or refuses to sue, the other parent may sue alone. Nothing contained in this section shall be deemed to supersede, limit, modify or affect the workers’ compensation laws of this State.
13 Del. C. § 8-204 — Delaware Code / Title 13 / Chapter 8 / Subchapter II / Section 8-204
§ Â
        8-204. Presumption of paternity in context of marriage.
Status: in_force

(a) A man is presumed to be the father of a child if:

(1) He and the mother of the child are married to each other and the child is born during the marriage;

(2) He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity or divorce;

(4) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(i) The assertion is in a record filed with the Office of Vital Statistics;

(ii) He agreed to be and is named as the child’s father on the child’s birth certificate; or

(iii) He promised in a record to support the child as his own; or

(5) For the first 2 years of the child’s life, he resided in the same household with the child and openly held out the child as his own.

(b) A presumption of paternity established under this section may be rebutted only by an adjudication under subchapter VI of this chapter.
13 Del. C. § 6-101 — Delaware Code / Title 13 / Chapter 6 / Subchapter I / Section 6-101
§ Â
        6-101. Short title.
Status: in_force

This chapter may be cited as the “Uniform Interstate Family Support Act.”
13 Del. C. § 6-317 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-317
§ Â
        6-317. Communications between tribunals.
Status: in_force

A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this State may furnish similar information by similar means to a tribunal outside this State.
13 Del. C. § 2403 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2403
§ Â
        2403. Jurisdiction and venue.
Status: in_force

(a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate third-party visitation orders.

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

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

(2) The county in which the child resides.

(c) The provisions of §§ 722, 724, 728(d)-(f) of this title and Chapter 7A of this title shall be applicable to proceedings filed under this chapter.
13 Del. C. § 501 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Duty to support minor child; duty to support child over 18 years of age.
Status: in_force

(a) The duty to support a child under the age of 18 years, whether born in or out of wedlock, rests primarily upon the child’s parents.

(b) Where the parents are unable to provide a minor child’s minimum needs, a stepparent or a person who cohabits in the relationship of husband and wife with the parent of a minor child shall be under a duty to provide those needs. Such duty shall exist only while the child makes residence with such stepparent or person and the marriage or cohabitation continues.

(c) The duty to support a child under 18 years of age, whether born in or out of wedlock, shall rest equally upon both parents.

(d) Both parents have a duty to support their child over 18 years of age if such child is a student in high school and is likely to graduate. This duty ends when the child receives a high school diploma or attains age 19, whichever event first occurs.
13 Del. C. § 703A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 703A
§ Â
        703A. Definitions.
Status: in_force

(a) “Domestic violence” includes but is not limited to physical or sexual abuse or threats of physical or sexual abuse and any other offense against the person committed by 1 parent against the other parent, against any child living in either parent’s home, or against any other adult living in the child’s home. “Domestic violence” does not include reasonable acts of self-defense by 1 parent for self-protection or in order to protect the child from abuse or threats of abuse by the other parent or other adult living in the child’s home.

(b) “Perpetrator of domestic violence” means any individual who has been convicted of committing any of the following criminal offenses in the State, or any comparable offense in another jurisdiction, against the child at issue in a custody or visitation proceeding, against the other parent of the child, or against any other adult or minor child living in the home:

(1) Any felony level offense.

(2) Assault in the third degree.

(3) Reckless endangering in the second degree.

(4) Reckless burning or exploding.

(5) Unlawful imprisonment in the second degree.

(6) Unlawful sexual contact in the third degree.

(7) Criminal contempt of Family Court protective order based on an assault or other physical abuse, threat of assault or other physical abuse or any other actions placing the petitioner in immediate risk or fear of bodily harm.

(8) Child abuse in the fourth degree.
13 Del. C. § 2504 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2504
§ Â
        2504. Hearing procedure and notice requirements.
Status: in_force

(a) When a petition is filed under this chapter, the Court shall set a date for a hearing on the petition, and shall cause notice of time, place, and purpose of the hearing to be served as required in this section.

(b) Notice of the time, place, and purpose of the hearing shall be served upon each parent, guardian, or licensed agency holding parental rights at the respondent’s last known address or to the address received in the petition. Notice to a parent must include the right to an attorney, if indigent, as provided in subsection (g) of this section.

(c) If the Court finds that personal service within the State cannot be accomplished upon a party, the petitioner shall cause notice to be published either on a legal notices website established by the Court or in a newspaper of general circulation in the county where the respondent is most likely to be residing.

(d) Personal service at any time prior to the hearing shall be sufficient to confer jurisdiction upon the Court.

(e) Notice provided pursuant to this section shall constitute conclusive evidence of service and a hearing will then proceed at the time and date set, with or without the appearance of a party so notified.

(f) When a petition is filed under this chapter, the Court shall appoint an attorney authorized to practice law in this State to represent the child. When appointing an attorney, the Court may also appoint a Court Appointed Special Advocate volunteer to work in conjunction with the attorney. The rights, responsibilities and duties in representing the child are set forth in § 9007A of Title 29. For the purposes of the Child Abuse Prevention and Treatment Act (42 U.S.C. § 5106a, et seq.), the attorney for the child and the Court Appointed Special Advocate volunteer, if one is appointed, shall fulfill the role of guardian ad litem for the child.

(g) A parent against whom a petition is filed under this chapter shall have the right to counsel at all stages of the court proceedings. The Court shall ensure an attorney authorized to practice law in this State is appointed to represent any parent who is indigent. The Court may refer a parent to a legal services entity contracted by the Court or to the Office of Defense Services for an indigency determination and appointment of an attorney. If necessary, the Court may make an indigency determination and directly appoint an attorney who is a member of the private bar. When emergency custody or other emergency relief is sought, the referral must occur contemporaneously with the issuance of the ex parte order pursuant to § 2512 of this title. The attorney shall serve as counsel for the indigent parent for the duration of the case, which includes serving as counsel in any appeal taken to the Supreme Court of Delaware and reinstatement of parental rights. In the event an indigent parent declines appointment of counsel, the Court shall include the waiver of appointment in its order.
13 Del. C. § 734 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 734
§ Â
        734. Relocation.
Status: in_force

When in the course of litigation involving custody or visitation, there is a proposed relocation of a child for a period of 60 days or more involving either a move outside the State of Delaware or a move that materially affects the current custodial and residential arrangement or order, the Court must consider the following factors:

(1) The nature, quality, extent of involvement, and duration of the child’s relationship with the individual proposing to relocate and with the nonrelocating individual, siblings, and other significant individuals in the child’s life.

(2) The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.

(3) The feasibility of preserving the relationship between the nonrelocating individual and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties.

(4) The child’s preference, taking into consideration the age and maturity of the child.

(5) Whether there is an established pattern of conduct of the individual seeking the relocation, either to promote or thwart the relationship of the child and the nonrelocating individual;

(6) Whether the relocation of the child will enhance the general quality of life for both the individual seeking the relocation and the child, including financial or emotional benefit or educational opportunity.

(7) The reasons of each individual for seeking or opposing the relocation.

(8) Any other factor affecting the best interest of the child.
13 Del. C. § 8-305 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-305
§ Â
        8-305. Effect of acknowledgement or denial of paternity.
Status: in_force

(a) Except as otherwise provided in §§ 8-307 and 8-308 of this title, a valid acknowledgment of paternity filed with the Office of Vital Statistics is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.

(b) Except as otherwise provided in §§ 8-307 and 8-308 of this title, a valid denial of paternity by a presumed father filed with the Office of Vital Statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
13 Del. C. § 209 — Delaware Code / Title 13 / Chapter 2 / Section 209
§ Â
        209. Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit; supplies of civil union licenses, books, and other forms.
Status: in_force

(a) The person who solemnizes a civil union shall, within 15 days after the solemnization of the civil union, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. The clerk of the peace shall immediately enter in the books prescribed by the Department of Health and Social Services to record civil unions the date of the civil union solemnization and the name of the person performing the civil union solemnization.

(b) If any person who has solemnized a civil union fails to return the certificate of civil union to the issuing clerk of the peace for recording as required under subsection (a) of this section within 15 days of the solemnization of the civil union, the parties joined in the civil union may provide the clerk of the peace with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union and the name of the person performing such solemnization. Upon the recording of that affidavit by the clerk of the peace, the civil union of the parties shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit.

(c) The certificate required by subsection (a) of this section or an affidavit recorded pursuant to subsection (b) of this section shall be prima facie evidence of the facts stated therein.

(d) Any person solemnizing a civil union in this State who fails to return the certificate of civil union to the issuing clerk of the peace for recording within 15 days of the solemnization of the civil union shall be assessed a $50 late fee by the issuing clerk of the peace. Any person with an unpaid civil penalty assessed by a clerk of the peace shall have that person’s authorization to solemnize civil unions in the State suspended until such penalty is paid in full.

(e) The person performing the civil union ceremony shall retain the original or a copy of the civil union license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.

(f) The books, forms and records as may be prescribed by the Department of Health and Social Services for civil unions shall be kept by the issuing clerk of the peace in the issuing clerk of the peace’s office. They shall be public records open for the inspection of the public after 50 years, in accordance with § 3110 of Title 16, and shall be admitted as evidence of the facts therein contained in any court of record.
13 Del. C. § 8-805 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-805
§ Â
        8-805. Rights and responsibilities of parents.
Status: in_force

(a) Any person who is considered to be the parent of a child pursuant to this chapter shall have all the rights, responsibilities and obligations set forth in Chapter 7 of this title.

(b) The breach of the gestational carrier agreement by the intended parent(s) shall not relieve such intended parent(s) of the support obligations imposed by this chapter.

(c) In the event of a laboratory error in which the child conceived through means other than sexual intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically related to 1 or both intended parents, the intended parents will be the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.
13 Del. C. § 1517 — Delaware Code / Title 13 / Chapter 15 / Section 1517
§ Â
        1517. Contested and noncontested petitions; opportunity for counseling; review of record; disposition of prayers for relief.
Status: in_force

(a) Whenever the petition for divorce or annulment is not contested by respondent, the allegations thereof are presumed to be accurate and true, and the Court shall rule upon the petition either after a hearing at which only petitioner need testify, or without a hearing after the submission of a request for finalization and affidavit which reaffirms the petition and verifies service of process and military status of the respondent. If petitioner’s testimony or the affidavit fails to support the petition in any essential respect, the Court may deny the petition or require corroborating testimony or other evidence before ruling thereon.

(b) In contested cases, after a hearing the Court shall:

(1) Rule upon the petition; or

(2) Continue the matter with the consent of both parties for further hearing not more than 60 days later so that the parties may seek counseling, either with a qualified private counselor or an accredited counseling agency, public or private. No party who objects shall be forced to submit to counseling, and all counseling or interviews shall be confidential and privileged and only the fact that further efforts at reconciliation are impractical or not in the interest of the parties shall be reported to the Court. At the adjourned hearing the Court shall finally determine whether the marriage is irretrievably broken.

(c) Before entering a decree the Court shall review the record to determine that:

(1) The averments of the petition satisfy § 1504(a), § 1505 or § 1506, and § 1507 of this title;

(2) Jurisdiction has been acquired over respondent under § 1508 of this title;

(3) In uncontested cases, whether the time for respondent to file a responsive pleading has expired;

(4) The parties to a divorce proceeding have continued to be separated since the commencement of this action, except as § 1505(e) of this title may apply;

(5) A certified copy of the parties’ marriage record has been filed; and

(6) The affidavit of nonmilitary service, wherever required by federal statute, has been filed.

(d) Where either party has requested property disposition, alimony or other relief provided for in this title, and a decree of divorce or annulment shall be entered, or if such a decree is refused and, nevertheless, the Court deems it appropriate to enter an order concerning some or all of the relief requested, the Court shall finally determine such requests for relief.
13 Del. C. § 6-702 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-702
§ Â
        6-702. Applicability.
Status: in_force

This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with subchapters I through VI of this chapter, this subchapter controls.
13 Del. C. § 1907 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1907
§ Â
        1907. Priority.
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
13 Del. C. § 103 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Issuing license for or solemnizing prohibited marriage; penalty.
Status: in_force

Whoever, being authorized to issue a marriage license, knowingly or wilfully issues a license for a marriage prohibited by this chapter or, being authorized to solemnize a marriage, knowingly or wilfully assists in the contracting or solemnizing of a prohibited marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days.
13 Del. C. § 2217 — Delaware Code / Title 13 / Chapter 22 / Section 2217
§ Â
        2217. Credit bureau reporting.
Status: in_force

Information regarding the amount of arrearages owed by an obligor shall be reported by the Division of Child Support Services, at such intervals as it determines, to consumer reporting agencies, as that term is defined in 15 U.S.C. § 1681a(f), or be made available by the Division of Child Support Services to any consumer reporting agency upon request, subject to the following:

(1) The amount of arrearages are not less than $500.

(2) The information shall be made available only after the obligor owing the arrearages has been notified of the proposed action and given a period of 20 days to contest the accuracy of the information.

(3) A fee for furnishing the information in an amount not exceeding the actual cost thereof may be imposed on the requesting consumer reporting agency by the Division of Child Support Services.
13 Del. C. § 323 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 323
§ Â
        323. Content.
Status: in_force

(a) Parties to a premarital agreement may contract with respect to:

(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(4) The modification or elimination of spousal support or alimony;

(5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(6) The ownership rights in and disposition of the death benefit from a life insurance policy;

(7) The choice of law governing the construction of the agreement; and

(8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.
13 Del. C. § 102 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 102
§ Â
        102. Entering into a prohibited marriage; penalty.
Status: in_force

The guilty party or parties to a marriage prohibited by § 101 of this title shall be fined $100, and in default of the payment of the fine shall be imprisoned not more than 30 days.
13 Del. C. § 8-639 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-639
§ Â
        8-639. Full faith and credit.
Status: in_force

A court of this State shall give full faith and credit to a determination of parentage or nonparentage or denial of parentage made by a court or administrative agency of another state if the determination is made in compliance with the law of the other state.
13 Del. C. § 6-610 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-610
§ Â
        6-610. Effect of registration for modification.
Status: in_force

A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of § 6-611 or § 6-613 of this title have been met.
13 Del. C. § 8-803 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-803
§ Â
        8-803. Bases for jurisdiction over nonresident.
Status: in_force

In a proceeding to enforce a gestational carrier agreement, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:

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

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

(c) The individual resided in this State at the time the individual executed the gestational carrier agreement or consented to the embryo transfer;

(d) The individual executed a gestational carrier agreement with a person or persons who resided in this State at the time the gestational carrier agreement was executed and voluntarily submitted to the jurisdiction of this State in the gestational carrier agreement;

(e) The nonresident gestational carrier had, or is expected to have an embryo transfer performed in this State pursuant to a gestational carrier agreement;

(f) The nonresident intended parent(s) consented to a gestational carrier having an embryo transfer in this State pursuant to a gestational carrier agreement;

(g) The child was, or is expected to be born in this State as demonstrated by a provision in the gestational carrier agreement;

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

(i) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.
13 Del. C. § 210 — Delaware Code / Title 13 / Chapter 2 / Section 210
§ Â
        210. False statement; penalty.
Status: in_force

If any person applying for a civil union license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if any person executing papers under this chapter executes them falsely, said person shall be subject to such penalties as the Court may impose. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
13 Del. C. § 120 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 120
§ Â
        120. Marriage license application; appearance of parties; exception.
Status: in_force

Before any marriage license shall be issued by the issuing officer, the parties desiring to marry shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed in § 122 of this title to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists. In the case of critical illness of 1 of the parties desiring to marry, the physician attending such party may appear for the ill party and make an application for a marriage license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully marry. The application for the marriage license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.
13 Del. C. § 2325 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2325
§ Â
        2325. Hearing procedure and notice requirements.
Status: in_force

(a) When a guardianship petition is filed, the petition shall be served upon the parent or parents, person or persons or organization holding parental rights at the respondent’s last known address.

(b) If the Court finds that personal service within the State cannot be accomplished upon the parent or parents, person or persons, or organization holding parental rights, the petitioner shall cause notice to be published either on a legal notices website established by the Court or in a newspaper of general circulation in the county where the respondent is most likely to be residing.

(c) Personal service at any time prior to the hearing shall be sufficient to give jurisdiction.

(d) Notice provided pursuant to this section shall constitute conclusive evidence of service and a hearing will then proceed at the time and date set, with or without the appearance of the parent or parents, person or persons, or organization so notified.
13 Del. C. § 2326 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2326
§ Â
        2326. Decision within 45 days.
Status: in_force

The Court shall issue a decision and order on a petition for guardianship under this chapter within 45 days following the conclusion of the proceedings, or if no hearing is necessary, within 45 days of the petition and social report, if applicable, being filed.
13 Del. C. § 8-624 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-624
§ Â
        8-624. Temporary order.
Status: in_force

(a) In a proceeding under this subchapter, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:

(1) A presumed father of the child;

(2) Petitioning to have paternity adjudicated;

(3) Identified as the father through genetic testing under § 8-505 of this title;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child; or

(6) The mother of the child.

(b) A temporary order may include provisions for custody and visitation as provided by other law of this State.
13 Del. C. § 728 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 728
§ Â
        728. Residence; visitation; sanctions.
Status: in_force

(a) The Court shall determine, whether the parents have joint legal custody of the child or 1 of them has sole legal custody of the child, with which parent the child shall primarily reside and a schedule of visitation with the other parent, consistent with the child’s best interests and maturity, which is designed to permit and encourage the child to have frequent and meaningful contact with both parents unless the Court finds, after a hearing, that contact of the child with 1 parent would endanger the child’s physical health or significantly impair such child’s emotional development. The Court shall specifically state in any order denying or restricting a parent’s access to a child the facts and conclusions in support of such a denial or restriction.

(b) The Court shall encourage all parents and other persons to foster the exercise of a parent’s joint or sole custodial authority and the maintenance of frequent and meaningful contact, in person, by mail and by telephone, between parents and children unless an order has been entered pursuant to subsection (a) of this section denying or restricting such contact. If the Court finds, after a hearing, that a parent has violated, interfered with, impaired or impeded the rights of a parent or a child with respect to the exercise of joint or sole custodial authority, residence, visitation or other contact with the child, the Court shall order such person to pay the costs and reasonable counsel fees of the parent applying for relief under this section. The Court shall also impose 1 or more of the following remedies or sanctions:

(1) Extra visitation with the child to enable the child to make up any wrongfully denied visitation with a parent;

(2) A temporary transfer of custody or primary residence or both of the child to a parent applying for relief under this section for up to 30 days without regard to the factors set forth in § 729 of this title;

(3) A surcharge to be assessed against the parent with rights of visitation with the child or children for such parent’s unilateral failure, without just cause and/or without sufficient notice, to comply with the visitation schedule. Failure to comply consists of more than minimal violations, such as, but not limited to, slight alterations in the times for visitation. The amount of the surcharge shall be up to 10 percent of the visiting parent’s monthly child support obligation for each violation and shall be payable to the parent with whom the child resides or children reside;

(4) A fine in the discretion of the Court; or

(5) A term of imprisonment if a person is found to be in contempt of prior orders of the Court.

In addition, the Court may impose such other sanctions or remedies as the Court deems just and proper to ensure the maintenance in the future of frequent and meaningful contact between parent and child and participation by both parents in the child’s upbringing if the parents have joint legal custody.

(c) A parent of a child who believes it to be in the best interests of a child for the custodial authority, visitation or communication between a parent and a child as established by a prior Court order or written agreement of the parties to be modified may apply to the Court for such modification, and the Court may grant such an application if it finds after application of the standards set forth in subsection (a) of this section that the best interests of the child would be served by ordering such a modification. The filing of an application under this subsection by any person shall not be a defense in an action brought against any person under subsection (b) of this section unless the Court has entered an appropriate order allowing such conduct prior to the occurrence of the conduct complained of in the action brought under subsection (b) of this section.

(d) Before entering an order for visitation to be conducted in a correctional facility the Court shall in addition to other relevant factors consider the following:

(1) The parent seeking visitation in a correctional facility had a substantial and positive relationship with the child prior to incarceration;

(2) The nature of the offense for which the parent seeking visitation is incarcerated;

(3) Whether the victim of the offense is the child, a sibling of the child, stepsibling, half sibling, parent, stepparent, grandparent, guardian or custodian of the child; and,

(4) Whether the child seeks a relationship with the incarcerated parent.

(e) The Court shall not enter an order requiring visitation in a correctional facility if the person incarcerated is a sex offender unless the requirements of subchapter II of Chapter 7A of this title are met.

(f) The Court shall not enter an order requiring visitation in a correctional facility if the person incarcerated has been adjudicated of committing murder in the first or second degrees.
13 Del. C. § 925 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 925
§ Â
        925. Inspection of Court records.
Status: in_force

Except as provided in subchapter III of this chapter, anyone wishing to inspect any of the papers filed in connection with any adoption shall petition the Judge of the Family Court concerned setting forth the reasons for the inspection. The Judge shall refer the petition to the Department or licensed agency for investigation and recommendation. If in the opinion of the Court, the information is necessary, and the interest of the adopted individual, the biological or previous legal parent or parents or of the adoptive parents will not be prejudiced by its disclosure, the Court shall issue an order permitting the release of the information and setting forth the terms under which it shall be released.
13 Del. C. § 521-524 — Delaware Code / Title 13 / Chapter 5 / Subchapter III / Section 521-524
§ ÂÂ
        521-524. Desertion or failure to support spouse or child; penalty; probation; terms; procedure; appeal; stay of order of support.
Status: repealed

Repealed by 70 Del. Laws, c. 448, § 2, effective July 5, 1996.
13 Del. C. § 2510 — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2510
§ Â
        2510. Applicability.
Status: in_force

The provisions of this subchapter shall apply exclusively to the DSCYF when seeking and/or obtaining custody of a child on the basis of dependency, neglect or abuse. This subchapter shall not be construed as preventing DSCYF from obtaining or seeking guardianship, termination of parental rights and/or adoption regarding a child as provided for in Chapters 9, 11 and 23 of this title. This subchapter shall be liberally construed such that the child’s health and safety is the highest priority and of paramount concern as required by the Adoption and Safe Families Act, 42 U.S.C. § 671 et seq. and state law.
13 Del. C. § 1928 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1928
§ Â
        1928. Information to be submitted to court.
Status: in_force

(a) Subject to the rules of the court, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number and the date of the child custody determination, if any;

(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number and the nature of the proceeding; and

(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of or visitation with the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in paragraphs (a)(1)-(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
13 Del. C. § 2208 — Delaware Code / Title 13 / Chapter 22 / Section 2208
§ Â
        2208. State Directory of New Hires.
Status: in_force

(a) General. — There is hereby established within the Division of Child Support Services an automated directory (to be known as the “State Directory of New Hires”) which shall contain information supplied by employers pursuant to § 1154(i) of Title 30.

(b) Entry of information into data base. — Within 5 business days of receipt of a report supplied by an employer pursuant to § 1156A of Title 30, information included in the report shall be entered into the data base maintained by the State Directory of New Hires.

(c) Information comparisons. — The State Directory of New Hires shall, directly or by contract, conduct automated comparisons of the Social Security numbers reported by employers pursuant to § 1156A of Title 30 and the Social Security numbers appearing in the records of the State case registry. When an information comparison reveals a match with respect to the Social Security number of an individual required to provide support under a support order, the State Directory of New Hires shall provide the Division of Child Support Services with the name, address and Social Security number of the employee to whom the Social Security number is assigned, the date services for remuneration were first performed by the employee, and the name, address and identifying number assigned under § 6109 of the Internal Revenue Code of 1986 (26 U.S.C. § 6109) to the employer.

(d) Provision of information to the National Directory of New Hires. — Within 3 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires, the State Directory of New Hires shall furnish the information to the National Directory of New Hires established pursuant to § 453(i) of Title IV, Part D, of the Social Security Act (42 U.S.C. § 653(i)). On a quarterly basis, the State Directory of New Hires shall also furnish to the National Directory of New Hires extracts of the reports required under § 303(a)(6) of the Social Security Act [42 U.S.C. § 503(a)(6)] to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals, by such dates, in such format, and containing such information as prescribed by federal regulation.

(e) Uses of new hire information. — The State Directory of New Hires shall make the specified information available to the following entities for the purposes described below.

(1) The State Directory of New Hires shall provide information derived from the comparison conducted pursuant to subsection (c) of this section to the Division of Child Support Services, which shall use the information to locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child support obligations.

(2) The State Directory of New Hires shall grant access to information provided by employers pursuant to § 1156A of Title 30 to the state agency responsible for administering a program specified in 42 U.S.C. § 1320b-7(b) for purposes of verifying eligibility for the program.

(3) The State Directory of New Hires shall grant access to information provided by employers pursuant to § 1156A of Title 30 to the State Division of Unemployment Insurance for the purpose of administering the State’s unemployment insurance services program and the State Division of Industrial Affairs for the purpose of administering the Workers’ Compensation Program.
13 Del. C. § 6-608 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-608
§ Â
        6-608. Confirmed order.
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
13 Del. C. § 8-102 — Delaware Code / Title 13 / Chapter 8 / Subchapter I / Section 8-102
§ Â
        8-102. Definitions.
Status: in_force

In this chapter:

(1) “Acknowledged father” means a man who has established a father-child relationship under subchapter III of this chapter.

(2) “Adjudicated father” means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.

(3) “Alleged father” means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:

(i) A presumed father;

(ii) A man whose parental rights have been terminated or declared not to exist; or

(iii) A male donor.

(4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes, but is not limited to:

(i) Insemination;

(ii) Donation of eggs;

(iii) Donation of embryos;

(iv) In-vitro fertilization and transfer of embryos; and

(v) Intracytoplasmic sperm injection.

(5) “Child” means an individual of any age whose parentage may be determined under this chapter.

(6) “Commence” means to file the initial pleading seeking an adjudication of parentage in the Family Court of the State of Delaware.

(7) “Compensation” means payment of any valuable consideration for services in addition to payment for reasonable medical and ancillary costs.

(8) “Determination of parentage” means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under subchapter III of this chapter or adjudication by the Court.

(9) “Donor” means an individual who produces eggs or sperm, or who provides embryos used for assisted reproduction, whether or not for consideration. The term does not include:

(i) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;

(ii) A woman who gives birth to a child by means of assisted reproduction, or

(iii) A parent under subchapter VII of this chapter.

(10) “Embryo transfer” means all medical and laboratory procedures that are necessary to effectuate the transfer of an embryo in the uterine cavity.

(11) “Ethnic or racial group” means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual’s ancestry or that is so identified by other information.

(12) “Gamete” means either a human egg or sperm.

(13) “Genetic testing” means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of 1 or a combination of the following:

(i) Deoxyribonucleic acid; and

(ii) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins or red-cell enzymes.

(14) “Gestational carrier” means a woman who is neither an intended parent nor a donor, who agrees to become pregnant for an intended parent by assisted reproduction with the intention of gestating and delivering the intended parent’s child.

(15) “Gestational carrier agreement” means a written agreement between the gestational carrier, her spouse or partner, if any, and the intended parent, pursuant to which the intended parent agrees to become the parent of the child resulting from the assisted reproduction.

(16) “Gestational carrier arrangement” means the process by which a woman attempts to carry and give birth to a child created through assisted reproduction using the gamete(s) provided by the intended parents which may or may not be genetically related to either of the intended parents, and to which the gestational carrier has made no genetic contribution.

(17) “Health care provider” means a person who is duly licensed to provide health care, including all medical, psychological, or counseling professionals.

(18) “Intended parent” means a person or persons who enters into a gestational carrier agreement with a gestational carrier to become a parent of any resulting child. In the case of a married couple, any reference to an intended parent shall include both spouses for all purposes of this chapter. This term shall include the intended mother(s), intended father(s), or both.

(19) “In vitro fertilization” means all medical and laboratory procedures that are necessary to effectuate the extracorporeal fertilization of egg and sperm.

(20) “Man” means a male individual of any age.

(21) “Married couple” includes 2 people who are parties to a civil union.

(22) “Parent” means an individual who has established a parent-child relationship under § 8-201 of this title.

(23) “Parent-child relationship” means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.

(24) “Paternity index” means the likelihood of paternity calculated by computing the ratio between:

(i) The likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is the father of the child; and

(ii) The likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man.

(25) “Physician” means a person licensed to practice medicine in any or all of its branches in Delaware.

(26) “Presumed father” means a man who, by operation of law under § 8-204 of this title, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

(27) “Probability of paternity” means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.

(28) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(29) “Signatory” means an individual who authenticates a record and is bound by its terms.

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

(31) “Support-enforcement agency” means a public official or agency authorized to seek:

(i) Enforcement of support orders or laws relating to the duty of support;

(ii) Establishment or modification of child support;

(iii) Determination of parentage; or

(iv) Location of child-support obligors and their income and assets.
13 Del. C. § 8-411 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-411
§ Â
        8-411. Required form.
Status: in_force

The Office of Vital Statistics shall prepare a form for registering with the agency. The form must require the signature of the registrant. The form must state that the form is signed under penalty of perjury. The form must also state that:

(1) A timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant’s parental rights;

(2) A timely registration does not commence a proceeding to establish paternity;

(3) The information disclosed on the form may be used against the registrant to establish paternity;

(4) Services to assist in establishing paternity are available to the registrant through the support-enforcement agency;

(5) The registrant should also register in another State if conception or birth of the child occurred in the other State;

(6) Information on registries of other States is available from the Office of Vital Statistics and the support-enforcement agency; and

(7) Procedures exist to rescind the registration of a claim of paternity.
13 Del. C. § 1901 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1901
§ Â
        1901. Short title.
Status: in_force

This chapter may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”
13 Del. C. § 6-710 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-710
§ Â
        6-710. Foreign support agreement.
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) A complete text of the foreign support agreement; and

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) The agreement was obtained by fraud or falsification;

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or

(4) The record submitted under subsection (b) of this section lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
13 Del. C. § 2103 — Delaware Code / Title 13 / Chapter 21 / Section 2103
§ Â
        2103. Purpose; powers; duties.
Status: in_force

The Council shall:

(1) Continuously study court services and procedures, law-enforcement procedures and protocol, and criminal justice data collection and analysis as it relates to domestic violence;

(2) Effectuate coordination between agencies, departments and the courts with victims of domestic violence and abuse;

(3) Promote effective prevention, intervention and treatment techniques which will be developed based upon research and data collection;

(4) Recommend standards for treatment programs for perpetrators of domestic violence to the Department of Health and Social Services, Department of Services for Children, Youth and Their Families and the Department of Correction;

(5) Review and comment upon legislation relating to domestic violence introduced in the General Assembly at the request of any member of the General Assembly or on its own initiative; and

(6) Improve the response to domestic violence and abuse so as to reduce the incidents thereof.
13 Del. C. § 705- 706 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 705- 706
§ ÂÂ
        705, 706. Charge and custody of minor child if parents are separated but not divorced; proceedings for care of children of immoral or negligent parents.
Status: repealed

Repealed by 59 Del. Laws, c. 569, § 1.
13 Del. C. § 121 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 121
§ Â
        121. Identification of applicants not known to issuing officer as residents of State.
Status: in_force

In the case of applicants for a marriage license who claim to be residents of the State, if neither of them is personally known to the marriage license issuing officer as a resident of the State, at least 1 of such applicants must be identified as a resident of the State to the satisfaction of the issuing officer by a reputable guarantor, who under oath shall fill in the proper portion on the page in the Marriage Record Books and shall duly sign it.
13 Del. C. § 1106B — Delaware Code / Title 13 / Chapter 11 / Section 1106B
§ Â
        1106B. Revocation of consent to termination and transfer of parental rights.
Status: in_force

(a) A consent may be revoked if any of the following occur:

(1) Within 14 days of executing the consent, the parent who executed the consent delivers written notification of revocation to the agency or individual to which the parental rights are to be transferred.

(2) The parent complies with another instruction for revocation which was specifically stated in the consent under § 1106A(b)(2)c. of this title.

(3) The individual who executed the consent and the agency or individual that accepted the consent agree to its revocation.

(b) The Court shall set aside a consent if the individual who executed the consent establishes at least 1 of the following:

(1) By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress.

(2) By a preponderance of the evidence that a condition permitting revocation has occurred, as expressly provided for in the consent under § 1106A(b)(2)c. of this title.

(c) If consent is revoked under this section, the Court must determine custody of the child as follows:

(1) If the individual who executed the consent had legal and physical custody of the child when the consent was executed, legal and physical custody of the child must be immediately returned to the individual, unless the Court finds that the child is a dependent child or neglected child as to the individual.

(2) If the individual who executed the consent did not have legal or physical custody of the child when the consent was executed, custody of the child must revert to the individual or organization that held custody when the consent was executed. If another ground for termination of parental rights exists under § 1103 of this title, the petitioner may proceed on that ground.
13 Del. C. § 901 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 901
§ Â
        901. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Adoptee” means a person whose birth parent’s or parents’ rights were terminated or who has been adopted in this State.

(2) “Adult adoptee” means an adoptee who is 18 years of age or older.

(3) “Authorized agency” means any agency duly approved, certified, recognized or licensed by the proper authority of any other state or country in which that agency is located to place children for adoption.

(4) “Birth parent” means:

a. The biological mother of a child;

b. The named father of a child who consented to the termination of his parental rights; or

c. The father whose paternity is presumed pursuant to Chapter 8 of this title.

(5) “Child” means any male or female who has not attained such child’s eighteenth birthday.

(6) “Department” means the Department of Services for Children, Youth and Their Families of this State.

(7) “Identified adoption” means an adoption in which the birth parents and adoptive parents first know each other, without the services or assistance of an intermediary, and then seek placement or adoption services from the Department, a licensed agency or an authorized agency.

(8) “Identifying information” means any data, including that described in § 929 of this title, that can distinguish a party to the adoption from the general public, and shall include, for purposes of subchapter III of this chapter, the full name, full address and birth date of the birth parent or parents and birth sibling or siblings, if any, as well as any other known names and addresses used by the birth parent or parents, birth sibling or siblings or the adoptee.

(9) “Intermediary” means any person for compensation and in such person’s professional capacity, firm, corporation, organization or other legal entity, except the Department or a licensed agency, which in any way acts, or offers to act, as a link between a birth parent and an adoptive family in any proposed placement of a child or any person who receives remuneration for so acting or offering to act.

(10) “Legally free” means that there has been a prior termination or transfer of parental rights by judicial order.

(11) “Legally separated” means any person or persons who, by a decree of the appropriate court of any other state of the United States, other than a decree of absolute divorce, entered in accordance with the laws of that state, has been accorded the right to reside separate and apart from such person’s spouse, or is a party to a decree of divorce from bed and board or its equivalent.

(12) “Licensed agency” means any agency granted a license by the Department of Education, Office of Child Care Licensing to provide adoption services in the State.

(13) “Original birth certificate” means the certificate issued at the time of birth of the child which contains identifying information regarding birth parents and the child’s full name at birth and which may provide such details as the time and place of birth.

(14) “To place” includes any of the following activities, each of which may be performed only by the Department, a licensed agency or an authorized agency: The selection of an approved family for the child; the arrangement for the child’s move into an adoptive home; or the relocation of the child with an adoptive family.
13 Del. C. § 1927 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1927
§ Â
        1927. Jurisdiction declined by reason of conduct.
Status: in_force

(a) Except as otherwise provided in § 1923 of this title, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) A court of the state otherwise having jurisdiction under §§ 1920-1922 of this title determines that this State is a more appropriate forum under § 1926 of this title; or

(3) No court of any other state would have jurisdiction under the criteria specified in §§ 1920-1922 of this title.

(b) If a court of this State declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 1920-1922 of this title.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this State unless authorized by law other than this chapter.
13 Del. C. § 8-510 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-510
§ Â
        8-510. Identical brothers.
Status: in_force

(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.

(b) If each brother satisfies the requirements as the identified father of the child under § 8-505 of this title without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
13 Del. C. § 911 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 911
§ Â
        911. Religious affiliation.
Status: in_force

(a) If either natural parent, in a notarized statement made prior to the placement for adoption, specifies the religion in which such parent desires the child to be raised, the Department or licensed agency shall make placement in accordance with such statement. If the natural parents declare indifference to the religion in which the child should be reared, or if their religion is not known, or if there is none, then the Department or licensed agency shall make placement without regard to religion.

(b) If the proposed adoptive parent is a stepparent or blood relative, there shall be no restriction regarding the religious affiliation.

(c) Whenever the provisions as set forth in subsection (a) of this section appear to create a hardship for the child to be adopted in obtaining a suitable and prompt placement, the Family Court, in its discretion, may waive these requirements in the best interest of the child.
13 Del. C. § 507 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 507
§ Â
        507. Jurisdiction in Family Court; termination of Chancery Court jurisdiction.
Status: in_force

(a) The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter. The Court shall have exclusive jurisdiction over the construction, reformation, enforcement and rescission of agreements made between future spouses, spouses and former spouses concerning the payment of support or alimony, the payment of child support or medical support, the division and distribution of marital property and marital debts and any other matters incident to a marriage, separation or divorce. The Court shall have jurisdiction to resolve any issues resulting from the construction, reformation, enforcement or rescission of an agreement. In this regard, the Court shall apply the statutory factors set forth in Chapters 5, 6 and 15 of this title. The Court shall have and exercise all other jurisdiction and powers relating to support and separate maintenance actions heretofore possessed by the Chancellor or the Court of Chancery of the State.

(b) The jurisdiction of the Court of Chancery in civil actions for separate maintenance is hereby terminated, except for such actions for separate maintenance as have been commenced in the Court of Chancery prior to the effective date hereof. The Court of Chancery shall retain exclusive jurisdiction over such latter actions.
13 Del. C. § 2507 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2507
§ Â
        2507. Appeals.
Status: in_force

Appeal from any order or decree entered under this chapter shall lie to the state Supreme Court. No appeal shall lie from any order or decree under this chapter unless taken within 30 days from the date of such order or decree.
13 Del. C. § 1503 — Delaware Code / Title 13 / Chapter 15 / Section 1503
§ Â
        1503. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Actually resided” means was domiciled.

(2) “Commencement of the action” means the time of filing the petition.

(3) “Companion animal” means an animal kept primarily for companionship instead of as any of the following:

a. A working animal.

b. A “service animal” as defined in § 4502 of Title 6.

c. An animal kept primarily as a source of income, including “livestock” as defined in § 7700 of Title 3.

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

(5) “Incompatibility” means marital rift or discord that has destroyed the marriage relation, without regard to the fault of either party.

(6) “Mental illness” means mental incapacity or infirmity so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation.

(7) “Misconduct” means conduct so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation; and “misconduct” includes, as examples, adultery, bigamy, conviction of a crime the sentence for which might be incarceration for 1 or more years, repeated physical or oral abuse directed against petitioner or children living in the home, desertion, wilful refusal to perform marriage obligations, contracting venereal disease, habitual intemperance, habitual use of illegal drugs or other incapacitating substances and/or other serious offenses destructive of the marriage relation.

(8) “Separation” means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under § 1505(b)(2) of this title; and separation may commence and/or continue while the parties reside under the same roof, provided, during such period, the parties occupy separate bedrooms and do not have sexual relations with each other, except as § 1505(e) of this title may apply.

(9) “Voluntary separation” means separation by mutual consent or acquiescence; but if respondent denies that the separation was voluntary then mutual consent or acquiescence must be established either by written agreement of the parties or by proof of institution by respondent of separate judicial proceedings premised upon respondent’s consent to or acquiescence in the separation.
13 Del. C. § 128 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 128
§ Â
        128. Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties.
Status: in_force

Any person or religious society having authority to solemnize marriages who performs a marriage ceremony without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 24 hours from the time of the issuance of the license or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize marriages who shall make any false certificate of marriage shall be fined $100.
13 Del. C. § 8-634 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-634
§ Â
        8-634. Order on default.
Status: in_force

The court shall issue an order adjudicating the paternity of a man who:

(1) After service of process, is in default; and

(2) Is found by the court to be the father of a child.
13 Del. C. § 115 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 115
§ Â
        115. Forms for marriage license; certificates of marriage.
Status: in_force

(a) The Department of Health and Social Services shall prescribe a marriage license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to properly record marriages and the issuance of marriage licenses. The marriage license shall contain language authorizing any minister of the gospel or other person authorized by the law of the State to solemnize marriage and shall show: The earliest and latest time the marriage may be performed pursuant to the license, the place of issuance of the license, the names of the parties, the signature of the issuing authority and such other wording as the Department of Health and Social Services may prescribe. The license shall also contain a form of certification by the person performing the ceremony that the ceremony was performed and the date and time of the ceremony.

(b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize marriages a suitable form for evidencing the marriage and the date and the place thereof, which form shall be completed and delivered without charge to the bride by the celebrant immediately after the ceremony. Such form may, but need not, be the original or a copy of the marriage license.
13 Del. C. § 702 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 702
§ Â
        702. Duty to support minor child.
Status: repealed

Repealed by 59 Del. Laws, c. 567, § 2.
13 Del. C. § 724 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 724
§ Â
        724. Interviews.
Status: in_force

(a) The Court may interview the child in chambers to ascertain the child’s wishes as to the child’s custodian and may permit counsel to be present at the interview. The Court shall, at the request of a party, cause a record of the interview to be made and it shall be made part of the record in the case.

(b) The Court may seek the advice of professional personnel whether or not they are employed on a regular basis by the Court. The advice given may be in writing and shall for good cause shown be made available by the Court to counsel of record, parties and other expert witnesses upon request, but shall otherwise be considered confidential and shall be sealed and shall not be open to inspection, except by order of the Court. Counsel may call for cross-examination any professional personnel consulted by the Court.

(c) The Court may, sua sponte or upon request of any party including the child, interview a child on the record regarding any factual statements pertaining to the matter before the Court. Any party may request to submit questions to the judicial officer to be asked of the child. Where all parties are represented, the Court may upon request permit counsel for the parties to observe the interview if, in the opinion of the Court, their presence will not adversely affect the welfare or well-being of the child. The Court may permit any person to be present during the interview whose presence, in the opinion of the Court, contributes to the welfare or well-being of the child. All parties to the matter shall be entitled to review the recorded interview in its entirety. Upon request, the Court may provide an oral or written summary of the interview to the parties.

(d) An out-of-court statement made by a child may be admitted into evidence by the Court if reasonable notice of the intention to offer the out-of-court statement is given to all parties and:

(1) The child is available to be interviewed pursuant to subsection (c) of this section, and the statement touches upon the matter before the Court; or

(2) The child’s out-of-court statement is shown to possess particularized guarantees of trustworthiness, and the child is found by the Court to be unavailable to be interviewed on any of these grounds:

a. The child’s death;

b. The child’s absence from the jurisdiction;

c. The child’s total failure of memory;

d. The child’s refusal to comply with subsection (c) of this section;

e. The child’s physical or mental disability;

f. The existence of a privilege involving the child;

g. The child’s incompetence, including the child’s inability to communicate about the matter before the Court due to fear or a similar reason; or

h. Substantial likelihood that the child would suffer emotional trauma from being interviewed as set forth in subsection (c) of this section.

(e) The Court shall support with findings on the record any rulings pertaining to the child’s unavailability and the trustworthiness of the out-of-court statement admitted pursuant to subsection (d) of this section. In determining whether a statement possesses particularized guarantees of trustworthiness under paragraph (d)(2) of this section, the Court may consider, but is not limited to considering, the following factors:

(1) The child’s personal knowledge of the event;

(2) The age and maturity of the child;

(3) Certainty that the statement was made, including the credibility of the person testifying about the statement;

(4) Any apparent motive the child may have to falsify or distort the event, including bias, corruption or coercion;

(5) The timing of the child’s statement;

(6) Whether more than 1 person heard the statement;

(7) Whether the child was suffering pain or distress when making the statement;

(8) Whether the child’s young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child’s knowledge and experience;

(9) Whether the statement has a “ring of verity,” has internal consistency or coherence and uses terminology appropriate to the child’s age;

(10) Whether the statement is spontaneous or directly responsive to questions;

(11) Whether the statement is suggestive due to improperly leading questions.

(f) This section shall in no way limit the admissibility of any statement under other Court rules or statutes governing admissibility. This section shall apply to all proceedings governed by this title as well as to all proceedings set forth in subchapter II of Chapter 9 of Title 16.
13 Del. C. § 2324 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2324
§ Â
        2324. Social study and report.
Status: in_force

(a) The Court, in its discretion, may order a social study and report (hereinafter “social report” ) for any petition filed under this chapter. The social report, if ordered, shall be prepared by a “licensed agency,” as defined in § 1101 of this title, retained by petitioner.

(b) The social report shall include:

(1) Information regarding the child and that child’s background;

(2) Information regarding the guardian or guardians and the proposed 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 met; and

(6) A recommendation.

(c) If a social report is ordered under this section, the person or persons or organization so ordered shall file the social report within 4 months, subject to such additional time as the Court shall determine is reasonably required.
13 Del. C. § 215 — Delaware Code / Title 13 / Chapter 2 / Section 215
§ Â
        215. Treatment of parties to a civil union for purposes of Chapter 1 of this title.
Status: in_force

Notwithstanding Chapter 1 of this title, no person who has entered into a valid civil union pursuant to this chapter, or who has entered into a valid legal union in any other jurisdiction that is recognized as a civil union pursuant to this chapter, may be found in violation of any provision of Chapter 1 of this title.
13 Del. C. § 111 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 111
§ Â
        111. Establishing validity of papers submitted by applicants; filing and inspection.
Status: in_force

Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons and past or present patients of Delaware Psychiatric Center or other designated psychiatric treatment facilities as defined in § 5001 of Title 16, and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for marriage license, but shall be open to inspection of the public only upon order of the Resident Judge of the proper county or such person as the Judge may appoint to give such orders.
13 Del. C. § 952 — Delaware Code / Title 13 / Chapter 9 / Subchapter II / Section 952
§ Â
        952. Contents of petition.
Status: in_force

The petition shall state the name, sex and date of birth of the person or persons whose adoption is sought and that the petitioner or petitioners desire to adopt such person or persons. The petition shall be signed by the petitioner or petitioners.
13 Del. C. § 1940 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1940
§ Â
        1940. Warrant to take physical custody of child.
Status: in_force

(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this State.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 1937(b) of this title.

(c) A warrant to take physical custody of a child must:

(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) Direct law-enforcement officers to take physical custody of the child immediately; and

(3) Provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this State.

(f) A law-enforcement officer has the authority to enter private property to enforce a warrant to take physical custody of a child.

(g) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
13 Del. C. § 2353 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2353
§ Â
        2353. Standard for permanent guardianship.
Status: repealed

(a) The Court shall grant a permanent guardianship if it finds by clear and convincing evidence all of the following:

(1) One of the statutory grounds for termination of parental rights as set forth in § 1103(a) of this title has been met or the parent consents to permanent guardianship.

(2) Adoption of the child is not possible or appropriate.

(3) Permanent guardianship is in the best interests of the child.

(4) The proposed permanent guardian meets all of the following requirements:

a. Is emotionally, mentally, physically and financially suitable to become the permanent guardian.

b. Is an individual with whom a child in DSCYF custody is placed, a relative, a foster parent, or a guardian.

c. Has expressly committed to remain the permanent guardian and assume the rights and responsibilities for the child for the duration of the child’s minority.

d. Has demonstrated an understanding of the financial implications of becoming a permanent guardian.

e. Has had the child placed with them for at least 6 months immediately preceding the filing of the petition. The Court may waive this requirement if the petitioner is a relative and the Court finds just cause.

(5) If the child is age 14 or over, the child consents to the permanent guardianship or, if the child does not consent, just cause why the permanent guardian should be appointed.

(6) If the proposed permanent guardian is not a relative or current guardian, at least 1 of the following:

a. The child is at least 12 years of age.

b. The proposed permanent guardian is the permanent guardian of 1 of the child’s siblings.

c. The child receives substantial governmental benefits for a serious physical or mental disability which would no longer be available to the child if parental rights were terminated or the child was adopted.

d. Extraordinary circumstances that support granting the permanent guardianship exist.

(b) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall then also determine by a preponderance of evidence, the nature and extent, if any, of any contact, sharing of information, or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.

(c) [Repealed.]
13 Del. C. § 2203 — Delaware Code / Title 13 / Chapter 22 / Section 2203
§ Â
        2203. Title IV-D services.
Status: in_force

(a) The Division of Child Support Services may provide all services required or authorized by Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), including parent locator services, determination of paternity, establishment of child support and medical support obligations, review and adjustment of child support orders, enforcement of child support, spousal support and medical support orders, and collection and disbursement of child support payments.

(b) The Division of Child Support Services may enter into agreements or contracts with federal, state or other public or private entities or individuals for the purpose of carrying out its duties and responsibilities under federal and state law.
13 Del. C. § 328 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 328
§ Â
        328. Limitation of actions.
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the time that the parties to the agreement are married. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
13 Del. C. § 923 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 923
§ Â
        923. Confidential nature of information; old and new birth certificates.
Status: in_force

(a) Except as provided in subchapter III of this chapter, all information regarding any adoption which is furnished to any State Registrar shall be confidential and not open to public inspection. The names of the biological or previous legal parent or parents or the former name of the child shall not be furnished to the adoptive parents, nor shall the name of the adoptive parents be furnished to the biological or previous legal parent or parents and, after the entry of the decree of adoption, the original record of birth shall be impounded and all birth certificates shall be issued in the adoptive name only, if a new name has been assumed, and shall contain no reference to the former name or background or the fact of adoption.

(b) Notwithstanding any other provision in the Delaware Code to the contrary, an adoptee 21 years of age or older may obtain a copy of such adoptee’s original record of birth from the State Registrar pursuant to § 3110(b) of Title 16, even if that record has been impounded. This section shall not apply if the birth parent has, within the most recent 3-year period, filed a written notarized statement with the Department of Health and Social Services Office of Vital Statistics denying the release of any identifying information.

(c) If an adoptee 21 years of age or older seeks vital records about any event occurring before January 18, 1999, the Office of Vital Statistics shall consult Family Court to determine whether there is an affidavit on file expressing a desire by either birthparent to keep information about the adoption confidential.

(1) If there is an affidavit on file with Family Court authorizing the release of information, the Office of Vital Statistics shall request a copy of the affidavit and, upon receipt of the affidavit, release the authorized records.

(2) If there is an affidavit on file with Family Court denying the release of information, or if there is no affidavit on file with Family Court, the Office of Vital Statistics shall send notice, as described below, by United States mail to the birthparent or birthparents.

a. The Office of Vital Statistics shall search a computerized telephone or address database, as well as Delaware’s Division of Motor Vehicles and voter records in order to determine the most likely address of the birthparent. Such notice shall be sent to that address. If no current address is available, then notice shall be sent to the last known address for the birthparent or birthparents. Such notification shall be mailed within 30 days from when the adoptee requested release of the records.

b. The Office of Vital Statistics shall notify the birthparent or birthparents of the legal requirements for maintaining confidentiality and shall provide them with the appropriate forms. The Office of Vital Statistics shall also advise the birthparent or birthparents that in the event that a written notarized statement denying the release of information is not received within 35 days from the date of the mailing of the notification required in paragraph (c)(1)a. of this section then the Office of Vital Statistics will release the records to the adoptee.

1. If the Office of Vital Statistics receives a written notarized statement denying the release of information, then it shall not release the records.

2. If no such written statement is received within 35 days from the date of the mailing of the notification required in paragraph (c)(1)a. of this section or if the birthparent or birthparents specifically authorizes release, then the Office of Vital Statistics shall release the records to the adoptee.
13 Del. C. § 408 — Delaware Code / Title 13 / Chapter 4 / Section 408
§ Â
        408. Distribution of collected support payments.
Status: in_force

(a) The income withholding order shall direct payment to be made to the state disbursement unit. The state disbursement unit shall promptly transmit payments received pursuant to an income withholding order based on a support order of another jurisdiction entered under this chapter to the agency or person designated in § 403(b)(5)c. of this title.

(b) A support order entered pursuant to § 403 of this title does not nullify and is not nullified by a support order made by a court of this State pursuant to any other law or by a support order made by a court of any other state. Amounts collected by any withholding of income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this State or by a sister state.
13 Del. C. § 203 — Delaware Code / Title 13 / Chapter 2 / Section 203
§ Â
        203. Civil unions void; when.
Status: in_force

(a) A civil union is prohibited and void between a person and that person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.

(b) A civil union is prohibited, and is void from the time its nullity is declared by a Court of competent jurisdiction at the instance of the innocent party, if either party thereto is:

(1) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the Court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a civil union license, and unless such person may in other respects lawfully enter into a civil union; and, if such decree or certificate cannot be obtained, the resident judge of the county where such license is desired or the person designated by the resident judge to grant such certificates as may be accepted under this paragraph (b)(1) may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree; or

(2) On probation or parole from any Court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a civil union license a written consent to such person’s proposed civil union from the chief officer of such Court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully enter into a civil union.

(c) A civil union obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid civil union within this State.

(d) The guilty party or parties to a civil union prohibited by this section shall be fined $100, and in default of the payment of the 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. § 701A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 701A
§ Â
        701A. Title.
Status: in_force

This subchapter shall be known as and may be cited as the “Child Protection From Domestic Violence Act.”
13 Del. C. § 8-503 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-503
§ Â
        8-503. Requirements for genetic testing.
Status: in_force

(a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:

(1) The American Association of Blood Banks, or a successor to its functions;

(2) The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or

(3) An accrediting body designated by the federal Secretary of Health and Human Services.

(b) A specimen used in genetic testing may consist of one or more samples, or a combination or samples, of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory’s choice, the following rules apply:

(1) The individual objecting may require the testing laboratory, within 30 days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.

(2) The individual objecting to the testing laboratory’s initial choice shall:

(i) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

(ii) Engage another testing laboratory to perform the calculations.

(3) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.

(d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under § 8-505 of this title, an individual who has been tested may be required to submit to additional genetic testing.
13 Del. C. § 6-505 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-505
§ Â
        6-505. Penalties for noncompliance.
Status: in_force

An employer that wilfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.
13 Del. C. § 1925 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1925
§ Â
        1925. Simultaneous proceedings.
Status: in_force

(a) Except as otherwise provided in § 1923 of this title, a court of this State may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this State is a more convenient forum under § 1926 of this title.

(b) Except as otherwise provided in § 1923 of this title, a court of this State, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 1928 of this title. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this State shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding.

(c) In a proceeding to modify a child custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;

(2) Enjoin the parties from continuing with the proceeding for enforcement; or

(3) Proceed with the modification under conditions it considers appropriate.
13 Del. C. § 8-701 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-701
§ Â
        8-701. Scope of article.
Status: in_force

This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.
13 Del. C. § 1933 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1933
§ Â
        1933. Temporary visitation.
Status: in_force

(a) A court of this State which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state; or

(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this State makes an order under paragraph (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter II of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
13 Del. C. § 8-309 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-309
§ Â
        8-309. Procedure for rescission or challenge.
Status: in_force

(a) Every signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.

(b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, a signatory submits to personal jurisdiction of this State by signing the acknowledgment or denial, effective upon the filing of the document with the Office of Vital Statistics.

(c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

(d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under subchapter VI of this chapter.

(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the Office of Vital Statistics to amend the birth record of the child, if appropriate.
13 Del. C. § 8-633 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-633
§ Â
        8-633. Inspection of records.
Status: in_force

A final order in a proceeding under this subchapter is available for public inspection.
13 Del. C. § 2402 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2402
§ Â
        2402. Definitions.
Status: in_force

For the purposes of this chapter, unless the context indicates differently:

(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.

(2) “Adult” is as defined in § 901 of Title 10.

(3) “Best interests” is determined in accordance with § 722 of this title.

(4) “Child” is as defined in § 901 of Title 10.

(5) “Court” or “court” is as defined in § 901 of Title 10.

(6) “Department” or “DSCYF” is as defined in § 901 of Title 10.

(7) “Dependency” or “dependent child” is as defined in § 901 of Title 10.

(8) “Guardian” is as defined in § 2302 of this title.

(9) “Guardian ad litem” is as defined in § 2302 of this title.

(10) “Licensed agency” is as defined in § 901 of this title.

(11) “Neglect” or “neglected child” is as defined in § 901 of Title 10.

(12) “Parent” is as defined in § 2302 of this title.

(13) “Relative” is as defined in § 901 of Title 10.
13 Del. C. § 1107A — Delaware Code / Title 13 / Chapter 11 / Section 1107A
§ Â
        1107A. Notice of hearing to terminate and transfer parental rights.
Status: in_force

(a) Notice of the time, place, and purpose of the hearing must be served upon the parent, person, or organization holding parental rights at the respondent’s last known address or to the address recited in the petition, unless the respondent has waived the notice under § 1106A(b) of this title. The Court may require notice to be served on another person.

(b) If a petition is filed under § 1103(a)(6) of this title, notice must include both of the following:

(1) Information from the detailed statement required under § 1105(a)(8) of this title sufficient to put the respondent on notice of the allegations made against the respondent.

(2) A statement that the respondent has an opportunity to cure the alleged dependency or neglect through conduct subsequent to the filing of the petition.

(c) If, at any time in a proceeding for termination of parental rights, the Court finds that an unknown parent of the child may not have received notice, the Court shall determine whether the parent can be identified. The determination must be based on a review of all of the following:

(1) The information required under § 1105(a)(5)c. of this title.

(2) If another parent has filed for or received payments or promises of support, other than from a governmental agency, with respect to the child or because of the pregnancy.

(3) If an individual has formally acknowledged or claimed parentage of the child.

(d) If inquiry under subsection (c) of this section identifies a parent of the child who has not received notice of the proceeding, the Court shall require notice to be served on the parent under this section.

(e) If, in an inquiry under this section, the woman who gave birth to the child and who is consenting to the termination of the woman’s parental rights fails to disclose the identity of an alleged father or reveal his whereabouts, the petitioner must advise the woman of both of the following:

(1) The proceeding for adoption under Chapter 9 of this title may be delayed or subject to challenge if an alleged father is not given notice of the proceeding.

(2) The lack of information about the father’s medical and genetic history may be detrimental to the child.

(f) (1) If the Court finds that personal service within the State cannot be accomplished upon the parent or parents, person or persons, or organization holding parental rights, the Court shall then cause notice of the time, place, and purpose of the hearing to be published in at least 1 of the following methods:

a. On a legal notices website established by the Court, for at least 3 successive weeks.

b. In a newspaper of 1 or more counties, as the Court may judge best for giving the parent or parents, or person or persons, or organization holding parental rights notice. The notice must be published once per week, for 3 successive weeks.

(2) The formal wording of a notice under this section must be approved by the Court.

(3) Publication shall also be made in the locality in which the parent or parents, person or persons, or organization holding parental rights is believed to be located if different from the county where the publication just described has been caused.

(4) The Court may, upon the petitioner’s request, order that personal service and publication occur simultaneously.

(g) If the Court orders publication under subsection (f) of this section, the Court shall order the Clerk of Court to send a copy of the notice, or a similar notice, of the time, place, and purpose of the hearing to each parent or organization holding parental rights of the child. The notice must be sent meeting all of the following criteria:

(1) By regular and registered or certified mail.

(2) At least 3 weeks prior to the hearing.

(3) At all addresses in the petition given for the parent or organization.

(h) Personal service any time before the hearing is sufficient to give jurisdiction.

(i) Notice provided under this section constitutes conclusive evidence of service and a hearing may proceed at the time and date set, with or without the appearance of the parent, person, or organization so notified.

(j) The Budget Act shall provide DSCYF with appropriated special fund (ASF) authority to provide public notice of court action involving a minor in DSCYF’s custody whose parents’ whereabouts are unknown, under Family Court rules. The Court may not impose upon DSCYF another fee, cost, or financial obligation for the issuance or service of subpoenas or summons by court rule, regulation, or administrative procedure. Other costs associated with the procedures under this section are the Court’s financial responsibility.

(k) A hearing under this chapter must be held privately before the Court, unless the Court determines that sufficient reason exists to hold the hearing publicly.
13 Del. C. § 8-702 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-702
§ Â
        8-702. Parental status of donor.
Status: in_force

A donor is not a parent of a child conceived by means of assisted reproduction.
13 Del. C. § 1932 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1932
§ Â
        1932. Duty to enforce.
Status: in_force

(a) A court of this State shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

(b) A court of this State may utilize any remedy available under other law of this State to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
13 Del. C. § 2369 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2369
§ Â
        2369. Powers and duties of the standby guardian of the child.
Status: in_force

Except as modified by order of the Court, the standby guardian shall have the same powers and duties as enumerated in § 2340 of this title.
13 Del. C. § 2210 — Delaware Code / Title 13 / Chapter 22 / Section 2210
§ Â
        2210. Administrative enforcement in interstate cases.
Status: in_force

(a) The Division of Child Support Services may request the child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), to enforce a child or spousal support order entered by a tribunal in Delaware or in another state or jurisdiction. Such a request shall constitute a certification by the Division of the amount of arrears and retroactive support, of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.

(b) The Division of Child Support Services may request the child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) to enforce and recognize a child support lien. Such a request shall constitute a certification by the Division of the amount of arrears, and retroactive support of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.

(c) The Division of Child Support Services shall establish procedures to respond to a request for enforcement from a child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), without the necessity of registering the order or lien with the Court. Such a request shall constitute a certification by the requesting State of the amount of arrears, and retroactive support of the existence of a child support lien, and of compliance with all procedural due process requirements applicable to the case.
13 Del. C. § 402 — Delaware Code / Title 13 / Chapter 4 / Section 402
§ Â
        402. Initiation of income withholding; cooperation with other jurisdictions.
Status: in_force

On behalf of any client for whom the Division of Child Support Services is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by this State, or an agency to whom the obligee has assigned support rights, the Division shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against such income. The Division shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The Division also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the Division receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time and place of the hearings and of the obligee’s right to attend.
13 Del. C. § 721A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 721A
§ Â
        721A. Title.
Status: in_force

This subchapter shall be known as and may be cited as the “Child Protection from Sex Offenders Act.”
13 Del. C. § 2405 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2405
§ Â
        2405. Sanctions.
Status: in_force

The Court may impose such sanctions or remedies as the Court deems just and proper to ensure compliance with orders entered pursuant to 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 applying for relief under this section;

(3) A fine in the discretion of the Court; or

(4) A term of imprisonment if a person is found to be in contempt of prior orders of the Court.
13 Del. C. § 2322 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2322
§ Â
        2322. Contents of petition.
Status: in_force

Every petition for guardianship of a child filed under this chapter shall contain:

(1) Name and place of residence of the petitioner or petitioners;

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

(3) Relationship of the petitioner or petitioners to the child or the fact that no such relationship exists;

(4) The name and address of the mother and the name and address of the father, alleged father or presumed father;

(5) In addition to other pertinent information, the petition, if either the name or address of the parent or parents is not included, shall furnish detailed information concerning the efforts made to locate the parent or parents;

(6) The name and last known address of the person or persons or organization holding parental rights and the name and address of the person or persons or organization having the care, control or custody of the child;

(7) The name or names and residence of the person or persons to whom guardianship shall vest, if different from the petitioner or petitioners;

(8) If the child is 14 years of age or older, an affidavit that the child consents to the guardianship or, if the child does not consent, just cause why the guardian should be appointed;

(9) A statement regarding each parent that:

a. The child is dependent, neglected or abused, and the reasons therefore; or

b. The proposed guardian is a stepparent and meets the requirements of § 733 of this title; or

c. The parent consents to the guardianship. Notwithstanding the parent’s consent, the petitioner must state the reason for establishing the guardianship. An affidavit shall also be filed indicating that the parent consents to the guardianship and whether the parent consents to the reason for establishing the guardianship as stated by the petitioner. The affidavit shall also include a statement that the parent understands the impact that consenting to the reason has on future rescission proceedings under § 2332 of this title;

(10) Certified copies of the death certificate or such other proof as the Court may require, if 1 or more parents is deceased; and

(11) A statement setting forth the reasons why the petition is in the child’s best interest.
13 Del. C. § 1909 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1909
§ Â
        1909. Appearance and limited immunity.
Status: in_force

(a) A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated or of having been physically present for the purpose of participating in the proceeding.

(b) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State. A party present in this State who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this State.
13 Del. C. § 2330 — Delaware Code / Title 13 / Chapter 23 / Subchapter III / Section 2330
§ Â
        2330. Grounds for guardianship of the child.
Status: in_force

(a) Before granting an order for guardianship under this chapter, when parental rights are vested in 1 or more parents, the Court shall find for each parent holding parental rights 1 of the following:

(1) The parent voluntarily consents to the guardianship.

a. Notwithstanding the consent, if the child is in DSCYF custody, the Court shall determine whether guardianship is the appropriate permanency plan for the child and whether it is in the best interest of the child for the guardianship to be granted.

b. The Court shall also determine the reason for establishing the guardianship.

(2) After a hearing on the merits, by a preponderance of the evidence that petitioner has established:

a. The child is dependent, neglected or abused and the reasons therefor; and

b. It is in the best interests of the child for the guardianship to be granted.

(b) When parental rights have been terminated and those rights are vested in DSCYF or a “licensed agency,” as defined in § 1101 of this title, the Court shall grant an order for guardianship upon finding both of the following:

(1) Guardianship is the appropriate permanency plan for the child.

(2) It is in the best interests of the child for the guardianship to be granted.

(c) When more than 1 petition for guardianship regarding the same child or children has been filed, and the elements of either subsection (a) or (b) of this section are met, the Court shall determine which petition, if any, to grant based upon the best interests of the child.

(d) When a guardianship petition is filed against a guardian, and the elements of either subsection (a) or (b) of this section are met, the Court shall determine whether the petition shall be granted based upon the best interests of the child.

(e) If the child is 14 years of age or older, the Court shall determine whether the child consents to the guardianship, and if the child opposes, whether just cause requires the guardianship be granted.

(f) If the Court determines the elements of subsection (a) or (b) of this section have been met, the Court shall issue an order stating the grounds and the reason for establishing the guardianship. The Court shall also determine by a preponderance of evidence the nature and extent, if any, of contact, sharing of information, or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
13 Del. C. § 8-808 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-808
§ Â
        8-808. Immunities.
Status: in_force

Except as provided in this subchapter, no person shall be liable for non-negligent actions taken pursuant to the requirements of this subchapter.
13 Del. C. § 512 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 512
§ Â
        512. Interim order.
Status: in_force

(a) At any time before trial upon petition of the complainant and upon notice to the defendant, the Court shall conduct a hearing and thereafter may enter such interim order, pending final judgment, as seems just, for the support of any dependent for whom support is sought. The Court may also enter an interim or emergency order for support in accordance with its rules and procedures.

(b) Section 913 of Title 10 notwithstanding, the report and recommendations of the Master with regard to a permanent, temporary, interim or emergency order entered under Chapter 4, 5 or 6 of this title shall become effective and enforceable immediately as an order of the Family Court when announced by the Master. Said order shall remain in full force and effect unless and until a party files a petition for review de novo within 15 days of the date said order is announced and makes application for and is granted a stay by order of a judge of the Family Court.
13 Del. C. § 8-810 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-810
§ Â
        8-810. Remedies.
Status: in_force

(a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the intended parent(s) shall be entitled to all remedies available at law or equity.

(b) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the gestational carrier shall be entitled to all remedies available at law or equity.

(c) Specific performance is not an available remedy for a breach by the gestational carrier of a gestational carrier agreement term that requires her to be impregnated.
13 Del. C. § 8-807 — Delaware Code / Title 13 / Chapter 8 / Subchapter VIII / Section 8-807
§ Â
        8-807. Requirements for a gestational carrier agreement.
Status: in_force

(a) A gestational carrier agreement shall be enforceable if:

(1) It meets the requirements set forth in subsection (b) of this section, and

(2) It contains at a minimum each of the terms set forth in subsection (c) of this section.

(b) A gestational carrier agreement shall meet the following requirements:

(1) It shall be in writing;

(2) It shall be executed prior to the initiation of an embryo transfer in furtherance of the gestational carrier arrangement;

(i) By a gestational carrier meeting the eligibility requirements of § 8-806(a) of this title and, if married, the gestational carrier’s spouse; and

(ii) By the intended parent(s) meeting the eligibility requirements of § 8-806(b) of this title. In the event an intended parent is married or a party to a civil union, both spouses must execute the gestational carrier agreement;

(3) The gestational carrier shall be represented by independent legal counsel and the intended parent or parents shall have been represented by independent counsel in all matters concerning the gestational carrier arrangement and the gestational carrier agreement;

(4) Each of the gestational carrier and the intended parent or parents shall have signed a written acknowledgement that such gestational carrier and intended parent or parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the gestational carrier agreement;

(5) If a gestational carrier agreement provides for the payment of compensation to the gestational carrier, the compensation shall have been placed in escrow with an independent escrow agent pursuant to an escrow agreement prior to the gestational carrier’s commencement of any medical procedure (other than medical or mental health evaluations necessary to determine the gestational carrier’s eligibility pursuant to § 8-806(a) of this title); and

(6) It shall be witnessed by 2 disinterested, competent adults.

(c) A gestational carrier agreement shall expressly provide the following:

(1) The written agreement of the gestational carrier to:

(i) Undergo embryo transfer and attempt to carry and give birth to the child; and

(ii) Surrender custody of all resulting children to the intended parent or parents immediately upon the birth of the child(ren);

(2) If the gestational carrier is married, her spouse:

(i) Acknowledges and agrees to abide by the obligations imposed on the gestational carrier pursuant to the terms of the gestational carrier agreement; and

(ii) Surrenders custody of all resulting children to the intended parent or parents immediately upon the birth of the child(ren);

(3) The right of the gestational carrier to utilize the services of a health care provider of her choosing, after consultation with the intended parents, to provide her care during the pregnancy; and

(4) The written agreement of the intended parent or parents to:

(i) Accept legal custody of all resulting children immediately upon birth; and

(ii) Assume sole responsibility for all resulting children immediately upon birth.

(d) A gestational carrier agreement shall be enforceable even though it contains 1 or more of the following provisions:

(1) The gestational carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy;

(2) The gestational carrier’s agreement to abstain from any activities that the intended parent or parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including, without limitation, smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the gestational carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;

(3) The agreement of the intended parent or parents to pay the gestational carrier reasonable compensation; and

(4) The agreement of the intended parent or parents to pay for or reimburse the gestational carrier for reasonable expenses (including, without limitation, medical, legal, or other professional expenses) related to the gestational carrier arrangement and the gestational carrier agreement.

(e) In the event that any of the requirements of this section are not met, a court of competent jurisdiction shall determine parentage based on evidence of the parties’ intent.

(f) An escrow agent which enters into an escrow agreement with a party to a gestational carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a gestational carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.
13 Del. C. § 509 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 509
§ Â
        509. Definitions.
Status: in_force

Unless a different meaning is plainly required by the context, words and phrases used in this chapter shall have the same meaning as those defined in § 401(b) of this title. For the purposes of this chapter, the term “business day” means a day on which state offices are open for regular business.
13 Del. C. § 708A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 708A
§ Â
        708A. Visitation.
Status: in_force

Notwithstanding the other provisions of this title, in all cases in which the court finds by a preponderance of the evidence that 1 of the child’s parents has committed an act of domestic violence against the child, against the other parent or against any other person living in the child’s household the court shall determine a schedule, location and conditions for visitation that best protects the child and the victim of domestic violence from further violence.
13 Del. C. § 909 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 909
§ Â
        909. Withdrawal of consent.
Status: in_force

In any case in which consent has been given in accordance with the provisions of § 907 of this title, and the person, Department, licensed agency, authorized agency or child over age 14 giving the consent desires to withdraw the consent, the person, Department, licensed agency, authorized agency or child over age 14 shall file, within 60 days from the date of the filing of the adoption petition containing the consent, a petition asking the Court to revoke consent of such person, Department, licensed agency, authorized agency or child over age 14 and dismiss the adoption petition. The Family Court shall refer the petition to revoke and dismiss to the Department or licensed agency, and the Department or licensed agency shall, within 30 days of the reference, make a formal report thereon to the Court. Promptly upon receipt of the report, the Court shall rule upon the petition to revoke and dismiss.
13 Del. C. § 8-413 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-413
§ Â
        8-413. Rescission of registration.
Status: in_force

A registrant may rescind registration at any time by sending to the registry a rescission in a record signed or otherwise authenticated by the registrant, and witnessed or notarized.
13 Del. C. § 8-301 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-301
§ Â
        8-301. Acknowledgement of paternity.
Status: in_force

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity.
13 Del. C. § 6-602 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-602
§ Â
        6-602. Procedure to register order for enforcement.
Status: in_force

(a) Except as otherwise provided in § 6-706 of this title, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending, either physically or electronically, the following records to the Family Court in this State:

(1) A letter of transmittal to the tribunal requesting registration and enforcement;

(2) A certified copy of the order to be registered, including any modification of the order;

(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) The name of the obligor and, if known:

a. The obligor’s address and Social Security number;

b. The name and address of the obligor’s employer and any other source of income of the obligor;

c. A description and the location of property of the obligor in this State not exempt from execution; and

(5) Except as otherwise provided in § 6-312 of this title, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with 1 copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

(d) If 2 or more orders are in effect, the person requesting registration shall:

(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(2) Specify the order alleged to be the controlling order, if any; and

(3) Specify the amount of consolidated arrears, if any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
13 Del. C. § 1321-1335 — Delaware Code / Title 13 / Chapter 13 / Subchapter II / Section 1321-1335
§ ÂÂ
        1321-1335. Proceedings in illegitimacy; jurisdiction and venue; commencement; recognizance for appearance of putative father after birth of child; time of hearing; competency of mother to testify; dying declaration; deposition; competency of putative father to testify; order on putative father; payments; release of putative father on probation bond; commitment to jail for failure to give bond; discharge; approval of bond; filing and notice; appeal; bond and supersedeas; appeal; procedure; appeal; jury trial; appeal; powers of Superior Court; affirmed or amended order; certification by Prothonotary; costs.
Status: repealed

Repealed by 59 Del. Laws, c. 567, § 3.
13 Del. C. § 930 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 930
§ Â
        930. Advertising for adoption.
Status: in_force

No natural parent or prospective adoptive parent, nor anyone acting on behalf of such natural or prospective adoptive parent, and no person, firm, corporation, organization or other legal entity, except the Department or a licensed agency, shall advertise in this State regarding the availability of adoption services or for the placement of a child for the purpose of adoption.
13 Del. C. § 2218 — Delaware Code / Title 13 / Chapter 22 / Section 2218
§ Â
        2218. Requests for information.
Status: in_force

(a) Upon receipt of a written request or a request by electronic means, where available, from the Director of the Division of Child Support Services in any case enforced by the Division pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), any employer, as that term is defined in § 513(b)(6) of this title, and any labor organization, as that term is defined in § 710 of Title 19, shall cooperate with and provide relevant employment and income information in the possession of such employer or labor organization to the Director or the Director’s designee for the purpose of establishing paternity or establishing, modifying or enforcing a child support order. Relevant employment and income information includes: the address of the employer; whether the named person is a current or past employee or contractor of the employer, or whether the named person has or has not been employed or hired as a contractor to the knowledge of the labor organization; the full name of the employee, contractor or member; the last known residential address of the employee, contractor or member; the date of birth of the employee, contractor or member; the Social Security number of the employee, contractor or member; all income, as that term is defined in § 513(b)(5) of this title, paid to the employee, contractor or member in the prior and current calendar year and the current rate of pay and benefits provided to the employee, member or contractor; and whether dependent health insurance coverage is available to the employee or member through employment or membership in the labor organization, together with information about the name of the health-care insurer and the extent of the coverage available.

(b) An employer or labor organization shall be immune from any liability for providing information pursuant to this subsection.

(c) Any employer or labor organization that fails or refuses to provide the information described in this section within 15 days after receipt of a request from the Director of the Division of Child Support Services or as otherwise provided in such request shall be punished by a fine of not less than $100 nor more than $500. For a second or subsequent offense, such employer or labor organization shall be fined not less than $500 nor more than $1,000. A fine under this section may not be suspended. If the employer or labor organization is a corporation, criminal liability shall be established pursuant to §§ 281-284 of Title 11.