13 Del. C. § 6-310 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-310
§ Â
        6-310. Duties of state information agency.
Status: in_force

(a) The Division of Child Support Services is the state information agency under this chapter.

(b) The state information agency shall:

(1) Compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this chapter and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state;

(2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(3) Forward to the appropriate tribunal in the county in this State in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(4) Obtain information concerning the location of the obligor and the obligor’s property within this State not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and Social Security.
13 Del. C. § 917 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 917
§ Â
        917. Appeal.
Status: in_force

(a) Appeal from any order or decree entered in any adoption proceedings shall lie to the Supreme Court. No appeal shall lie from any order or decree involving proceedings for adoption unless taken within 30 days from the date of such order or decree.

(b) The Department, licensed agency or any person party to the proceedings may file such appeal.

(c) In any case in which the effect of the decision of the Supreme Court, on appeal, is to deny the petition for adoption, the Supreme Court shall remand the cause to the Family Court for a determination as to whether or not the child shall remain in the proposed adoptive home. If a removal is ordered, the Family Court shall include in the order a grant of authority to the Department or a licensed agency to make the removal and to provide for the future disposition of the child.
13 Del. C. § 727 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 727
§ Â
        727. Custody.
Status: in_force

(a) Whether the parents have joint legal custody or 1 parent has sole legal custody of a child, each parent has the right to receive, on request, from the other parent, whenever practicable in advance, all material information concerning the child’s progress in school, medical treatment, significant developments in the child’s life, and school activities and conferences, special religious events and other activities in which parents may wish to participate and each parent and child has a right to reasonable access to the other by telephone or mail. The Court shall not restrict the rights of a child or a parent under this subsection unless it finds, after a hearing, that the exercise of such rights would endanger a child’s physical health or significantly impair such child’s emotional development.

(b) Any custody order entered by the Court may include the following provisions:

(1) Granting temporary joint or sole custody for a period of time not to exceed 6 months in duration to give the parents the opportunity of demonstrating to the satisfaction of the Court their ability and willingness to cooperate with the custodial arrangement ordered. Following a timely review of this temporary order by the Court either at the end of this temporary period or sooner upon the application of any party to the proceeding, the Court shall have the authority to continue or modify the temporary order on a permanent basis.

(2) Counseling of the parents, and their child if appropriate, by a public or private agency approved by the Court to help the parents develop the necessary skills to deal effectively with the major as well as daily decisions involving their child under the custodial arrangement ordered, to continue until such time as the Court is advised in writing by the agency that such counseling is no longer required. Counseling expenses may be assessed by the Court as a cost of the proceeding.

(c) Any custody order entered by the Court shall include a contact schedule by the child with both parents which shall control absent parental modification by written agreement.

(d) Any custody order entered when 1 or both parents is a member of the armed forces, including the National Guard, and is being deployed, shall be an interim order, modifiable upon the return of the Armed Forces member to the United States or termination of service.

(e) A police officer may enter private property to take physical custody of a child to enforce the Court’s custody order when such order requests the assistance of a police officer.
13 Del. C. § 2321 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2321
§ Â
        2321. Consent by parent.
Status: in_force

Unless otherwise provided by this chapter, the parent or parents may voluntarily consent to the guardianship. Notwithstanding such consent, a reason for establishing the guardianship shall be provided.
13 Del. C. § 8-504 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-504
§ Â
        8-504. Report of genetic testing.
Status: in_force

(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this subchapter is self-authenticating.

(b) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:

(1) The names and photographs of the individuals whose specimens have been taken;

(2) The names of the individuals who collected the specimens;

(3) The places and dates the specimens were collected;

(4) The names of the individuals who received the specimens in the testing laboratory; and

(5) The dates the specimens were received.
13 Del. C. § 311 — Delaware Code / Title 13 / Chapter 3 / Subchapter I / Section 311
§ Â
        311. Rights of married women.
Status: in_force

The property of a married woman, whether real, personal or mixed, and choses in action which she has acquired in any manner, and all the income, rents and profits thereof, shall be deemed to be her sole and separate property. She may sell, convey, assign, transfer, devise, bequeath, encumber or otherwise dispose of the same and she may contract jointly (including with her husband) or separately, sue and be sued and exercise all other rights and powers, including the power to make a will, which a femme sole may do under the laws of this State. Nothing in this section shall be deemed to affect the right of the husband, if he survives his wife, as tenant by the curtesy in the real estate of his wife. Acknowledgments by married women of all instruments relating to or affecting real estate shall be taken as provided in Title 25.
13 Del. C. § 6-604 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-604
§ Â
        6-604. Choice of law.
Status: in_force

(a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs:

(1) The nature, extent, amount, and duration of current payments under a registered support order;

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) The existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this State.

(d) After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
13 Del. C. § 963 — Delaware Code / Title 13 / Chapter 9 / Subchapter III / Section 963
§ Â
        963. Immunity from liability.
Status: in_force

Any person or agency, including the State or any governmental subdivision of this State, who participated in good faith in any requirement of this subchapter, shall have immunity from any liability, civil or criminal, that results from such person’s or agency’s actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirement of this subchapter shall be presumed.
13 Del. C. § 2340 — Delaware Code / Title 13 / Chapter 23 / Subchapter IV / Section 2340
§ Â
        2340. Powers and duties of the guardian of the child.
Status: in_force

(a) The Court shall grant to the guardian of the child such powers, rights and duties which are necessary to protect, manage and care for the child.

(b) The guardian of the child may exercise the same powers, rights and duties respecting the care, maintenance and treatment of the child as a parent would, except that the guardian of the child is not liable to third persons for acts of the child solely by reason of the guardianship relationship.

(c) Except as modified by the order of guardianship and without qualifying the foregoing, a guardian of the person has the following powers and duties:

(1) The guardian is entitled to custody of the child and may establish the child’s place of abode.

a. Notwithstanding the guardian’s authority under this subsection, if there is a proposed relocation of a child for a period of 60 days or more involving either a move outside Delaware or a move that materially affects a parent’s existing visitation arrangement or order, the guardian must obtain at least 1 of the following:

1. Leave of court.

2. The consent of the child’s parents.

b. When considering a guardian’s request to relocate a child, the Court shall apply the relocation factors under § 734 of this title.

(2) The guardian shall provide the child with:

a. A physically and emotionally healthy and safe living environment and daily care;

b. Education; and

c. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment or surgery.

(3) The guardian shall make decisions regarding:

a. Education;

b. Travel;

c. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment or surgery;

d. The child’s right to marry or enlist in the armed forces;

e. Representation of the child in legal actions; and

f. Any other matter that involves the child’s welfare and upbringing.

(4) The guardian shall:

a. Be responsible for the health, education and welfare of the child;

b. Comply will all terms of any Court order to provide the child’s parents with visitation, contact or information.

(d) The Court, in its discretion, may expressly limit the duties and powers of the guardian as set forth in this chapter.

(e) No bond shall be required from any guardian appointed under this chapter.
13 Del. C. § 1926 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1926
§ Â
        1926. Inconvenient forum.
Status: in_force

(a) A court of this State which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) The length of time the child has resided outside this State;

(3) The distance between the court in this State and the court in the state that would assume jurisdiction;

(4) The relative financial circumstances of the parties;

(5) Any agreement of the parties as to which state should assume jurisdiction;

(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this State may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
13 Del. C. § 1111 — Delaware Code / Title 13 / Chapter 11 / Section 1111
§ Â
        1111. Court costs.
Status: in_force

Except as provided under § 1107A of this title, the petitioner shall pay all court costs, including costs for giving notice and advertising. As used in this section, “court costs” does not include the respondent’s attorney fees.
13 Del. C. § 8-412 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-412
§ Â
        8-412. Furnishing of information; confidentiality.
Status: in_force

(a) The Office of Vital Statistics need not seek to locate the mother of a child who is the subject of a registration, but the Office of Vital Statistics shall send a copy of the notice of registration to a mother if she has provided an address.

(b) Information contained in the registry is confidential and may be released on request only to:

(1) A court or a person designated by the court;

(2) The mother of the child who is the subject of the registration;

(3) An agency authorized by other law to receive the information;

(4) A licensed child-placing agency;

(5) A support-enforcement agency;

(6) A party or the party’s attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and

(7) The registry of paternity in another state.
13 Del. C. § 6-305 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-305
§ Â
        6-305. Duties and powers of responding tribunal.
Status: in_force

(a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to § 6-301(b) of this title, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this State, to the extent not prohibited by other law, may do one or more of the following:

(1) Establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child;

(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) Order income withholding;

(4) Determine the amount of any arrearages, and specify a method of payment;

(5) Enforce orders by civil or criminal contempt, or both;

(6) Set aside property for satisfaction of the support order;

(7) Place liens and order execution on the obligor’s property;

(8) Order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) Issue a capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the capias in any local and State computer systems for criminal warrants;

(10) Order the obligor to seek appropriate employment by specified methods;

(11) Award reasonable attorney’s fees and other fees and costs; and

(12) Grant any other available remedy.

(c) A responding tribunal of this State shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this State may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this State issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
13 Del. C. § 2512A — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2512A
§ Â
        2512A. Enforcement of DSCYF custody order.
Status: in_force

A law-enforcement officer may enter private property to take physical custody of a child for the purpose of enforcing a court order granting DSCYF custody of the child when such order requests the assistance of a law-enforcement officer.
13 Del. C. § 6-606 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-606
§ Â
        6-606. Procedure to contest validity or enforcement of registered support order.
Status: in_force

(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this State shall request a hearing within the time required by § 6-605 of this title. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered support order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 6-607 of this title.

(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
13 Del. C. § 1523 — Delaware Code / Title 13 / Chapter 15 / Section 1523
§ Â
        1523. Time for appeal.
Status: in_force

No appeal from an interim or final decree, judgment or order entered pursuant to this chapter shall be received or entertained unless the praecipe, notice of appeal or other document or documents required for the appeal is or are duly filed with the proper appellate court within 30 days after the date of the same.
13 Del. C. § 1504 — Delaware Code / Title 13 / Chapter 15 / Section 1504
§ Â
        1504. Jurisdiction; residence; procedure.
Status: in_force

(a) The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. Notwithstanding the immediately preceding sentence, in addition to any other basis for jurisdiction it may otherwise have, the Family Court of this State has jurisdiction over all proceedings for divorce and annulment of same-gender marriages that are solemnized in this State or created by conversion of civil unions pursuant to the laws of this State, notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. If neither of the parties to a same-gender marriage solemnized in this State or created by conversion of a civil union pursuant to the laws of this State reside in this State, any petition for divorce or annulment of such marriage shall be filed in the county in which one or both of such parties last resided in this State.

(b) The procedure in divorce and annulment shall conform to the rules of the Court where the same do not contravene this title.
13 Del. C. § 8-303 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-303
§ Â
        8-303. Denial of paternity.
Status: in_force

A presumed father may sign a denial of paternity. The denial is valid only if:

(1) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to § 8-305 of this title;

(2) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and

(3) The presumed father has not previously:

(i) Acknowledged paternity, unless the previous acknowledgment has been rescinded pursuant to § 8-307 of this title or successfully challenged pursuant to § 8-308 of this title; or

(ii) Been adjudicated to be the father of the child.
13 Del. C. § 6-801 — Delaware Code / Title 13 / Chapter 6 / Subchapter VIII / Section 6-801
§ Â
        6-801. Grounds for rendition.
Status: in_force

(a) For purposes of this chapter, “Governor” includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

(b) The Governor of this State may:

(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or

(2) On the demand of the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
13 Del. C. § 410 — Delaware Code / Title 13 / Chapter 4 / Section 410
§ Â
        410. Voluntary income withholding.
Status: in_force

Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the court a request for such withholding and a certified copy of the support order of a sister state. The court shall issue an income withholding order under § 513(b) of this title. Payment shall be made to the state disbursement unit.
13 Del. C. § 1512 — Delaware Code / Title 13 / Chapter 15 / Section 1512
§ Â
        1512. Alimony in divorce and annulment actions; award; limitations.
Status: in_force

(a) The Court may award interim alimony to a dependent party during the pendency of an action for divorce or annulment.

(b) A party may be awarded alimony only if such party is a dependent party after consideration of all relevant factors contained in subsection (c) of this section in that the party:

(1) Is dependent upon the other party for support and the other party is not contractually or otherwise obligated to provide that support after the entry of a decree of divorce or annulment;

(2) Lacks sufficient property, including any award of marital property made by the Court, to provide for such party’s own reasonable needs; and

(3) Is unable to support the party’s own self through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the party not be required to seek employment.

(c) The alimony order shall be in such amount and for such time as the Court deems just, without regard to marital misconduct, after consideration of all relevant factors, including, but not limited to:

(1) The financial resources of the party seeking alimony, including the marital or separate property apportioned to such party, and such party’s ability to meet all or part of such party’s own reasonable needs independently;

(2) The time necessary and expense required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;

(3) The standard of living established during the marriage;

(4) The duration of the marriage;

(5) The age, physical and emotional condition of both parties;

(6) Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;

(7) The ability of the other party to meet that other party’s own needs while paying alimony;

(8) Tax consequences;

(9) Whether either party has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and

(10) Any other factor which the Court expressly finds is just and appropriate to consider.

(d) A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to such party’s eligibility; however, the factors contained in subsection (c) of this section shall apply and shall be considered by the Court.

(e) Any person awarded alimony has a continuing affirmative obligation to make good faith efforts to seek appropriate vocational training, if necessary, and employment unless the Court specifically finds, after a hearing, that it would be inequitable to require a person awarded alimony to do so:

(1) At any time, due to

a. A severe and incapacitating mental or physical illness or disability or

b. Such person’s age, or

(2) Immediately, after consideration of the needs of a minor child or children living with the person awarded alimony.

(f) A party who has in writing before, during or after the marriage waived or released such party’s own right to alimony shall have no remedy under this section.

(g) Unless the parties agree otherwise in writing, the obligation to pay future alimony is terminated upon the death of either party or the remarriage or cohabitation of the party receiving alimony. As used in this section, “cohabitation” means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of remarriage or cohabitation.
13 Del. C. § 2324A — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2324A
§ Â
        2324A. Assessment.
Status: in_force

(a) DSCYF or a “licensed agency,” as defined in § 1101 of this title, shall conduct an assessment of any person who is the proposed guardian and who is not a “relative,” as defined in § 2302 of this title.

(b) Notwithstanding subsection (a) of this section, the Court has jurisdiction to hear and rule on any petition for guardianship, including granting of emergency relief, and to determine placement for a child in DSCYF custody under § 2521(1) of this title.
13 Del. C. § 910 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 910
§ Â
        910. Withdrawal of petition.
Status: in_force

In any case in which the petition to adopt is withdrawn, the Court may order the removal of the child from the prospective adoptive home if, in the opinion of the Court, such removal is in the best interest of the child. If such a removal is ordered, the Court shall include in the order a grant of authority to the Department or to a licensed agency to make the removal and to provide for the future disposition of the child.
13 Del. C. § 1113 — Delaware Code / Title 13 / Chapter 11 / Section 1113
§ Â
        1113. Effect of termination of parental rights.
Status: in_force

(a) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, all of the rights, duties, privileges, and obligations recognized by law between the person whose parental rights are terminated and the child forever thereafter cease to exist. The person or organization to whom the parental rights are transferred has custody and guardianship of the child, but the custody and guardianship terminate automatically upon the entry of another order transferring parental rights or an order of adoption.

(b) (1) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, the child loses all rights of inheritance from each parent whose parental rights were terminated and from the parent’s collateral or lineal relatives.

(2) A parent whose parental rights are terminated and the parent’s collateral or lineal relatives lose all rights of inheritance from the child.

(c) This section does not limit the right of an individual to provide for the disposition of the individual’s property by will.

(d) The termination of 1 parent’s rights does not affect the other parent’s rights.
13 Del. C. § 2361 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2361
§ Â
        2361. Legislative intent, findings and purpose.
Status: in_force

The General Assembly hereby declares that there is a need to create an expeditious manner of establishing a guardianship known as standby guardianship, in order to enable a parent, custodian, or guardian suffering from a progressive chronic condition or a terminal illness to make plans for the permanent future care or the interim care of a child without terminating parental or legal rights.
13 Del. C. § 2404 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2404
§ Â
        2404. 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 the parent or parents, guardian or guardians, person or persons, DSCYF, or licensed agency holding parental rights at the respondent’s last known address or to the address received in the petition.

(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 the parent or parents, guardian or guardians, person or persons, Department, or licensed agency holding parental rights so notified.
13 Del. C. § 921 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 921
§ Â
        921. Report of vital statistics data.
Status: in_force

(a) Upon the entry of a decree of adoption, the Clerk of the Family Court shall forward to the Department of Health and Social Services, Office of Vital Statistics, a report on the form provided for this purpose, which shall include the following information:

(1) Prior legal name of the child and such child’s sex;

(2) Date and place of birth of the child;

(3) Name of the father as stated on the original birth certificate, if stated;

(4) If applicable, that father’s primary address and Social Security number;

(5) Maiden name of birth mother;

(6) Birth mother’s primary address and Social Security number;

(7) Child’s name after adoption;

(8) Name of adoptive father, place and date of adoptive father’s birth, and adoptive father’s occupation;

(9) Maiden name of adoptive mother, place and date of adoptive mother’s birth, and adoptive mother’s occupation; and

(10) Address of adoptive parents.

(b) If the adoptive child was born in another state, the Clerk of the Family Court in which the order was entered shall forward the same information to the Bureau of Vital Statistics, or like agency, in the state of the child’s birth.
13 Del. C. § 1903 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1903
§ Â
        1903. Proceedings governed by other law.
Status: in_force

This chapter does not govern a termination of parental rights proceeding related to an adoption proceeding brought by a licensed Delaware agency or an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
13 Del. C. § 515 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 515
§ Â
        515. Procedural rights of parties.
Status: in_force

(a) All parties to a civil action brought pursuant to this chapter shall possess all procedural rights which such parties would have heretofore possessed in an action for support or separate maintenance in the Court of Chancery of the State, including but not limited to the following:

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

(2) Right to select counsel;

(3) Right to appeal to the Supreme Court of the State, on the record, from interlocutory or final orders or judgments. Such appeal shall be in the form and manner provided by the Rules of the Supreme Court.

(b) For purposes of this section, a child born out of wedlock shall possess the same procedural rights as a child born in wedlock and the mother of a child born out of wedlock shall possess the same procedural rights as the mother of a child born in wedlock.

(c) A complete record shall be made of all proceedings in which testimony is taken under this section, by court stenographer, tape recorder, or other device, the method to be at the discretion of the Court.

(d) The Family Court shall by rule provide for expedited procedures for the determination and enforcement of support obligations established under this chapter, Chapter 4 and Chapter 6 of this title. These procedures shall include, except in appropriate cases and on a showing of good cause as herein provided, the mandatory use of such expedited process before a hearing can be held before a judge. The Court shall by rule adopt procedures to provide, in appropriate cases, for the determination that there is good cause to proceed directly to a hearing before a judge.
13 Del. C. § 8-704 — Delaware Code / Title 13 / Chapter 8 / Subchapter VII / Section 8-704
§ Â
        8-704. Consent to assisted reproduction.
Status: in_force

(a) Consent by a woman and an intended parent of a child conceived via assisted reproduction must be in a record signed by the woman and the intended parent. This requirement does not apply to a donor.

(b) Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of paternity pursuant to § 8-201 of this title.
13 Del. C. § 204 — Delaware Code / Title 13 / Chapter 2 / Section 204
§ Â
        204. Status of children of civil unions.
Status: in_force

The rights of parties to a civil union, with respect to a child of whom either party becomes the parent during the term of the civil union, shall be the same as the rights (including presumptions of parentage) of married spouses with respect to a child of whom either spouse becomes the parent during the marriage. Children of void or voidable civil unions shall be deemed to be legitimate. Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, Chapter 31 of Title 16, if a party to a civil union is the legal parent of a child at the birth of the child, such party shall be entitled to have the party’s own name entered on the original certificate of birth as a parent of the child.
13 Del. C. § 6-701 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-701
§ Â
        6-701. Definitions.
Status: in_force

In this subchapter:

(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) “Central authority” means the entity designated by the United States or a foreign country described in § 6-102(5)d. of this title to perform the functions specified in the Convention.

(3) “Convention support order” means a support order of a tribunal of a foreign country described in § 6-102(5)d. of this title.

(4) “Direct request” means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.

(5) “Foreign central authority” means the entity designated by a foreign country described in § 6-102(5)d. of this title to perform the functions specified in the Convention.

(6) “Foreign support agreement”:

a. Means an agreement for support in a record that:

1. Is enforceable as a support order in the country of origin;

2. Has been:

A. Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

B. Authenticated by, or concluded, registered, or filed with a foreign tribunal; and

3. May be reviewed and modified by a foreign tribunal; and

b. Includes a maintenance arrangement or authentic instrument under the Convention.

(7) “United States central authority” means the Secretary of the United States Department of Health and Human Services.
13 Del. C. § 324 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 324
§ Â
        324. Effect of marriage.
Status: in_force

A premarital agreement becomes effective upon marriage.
13 Del. C. § 411 — Delaware Code / Title 13 / Chapter 4 / Section 411
§ Â
        411. Choice of law.
Status: in_force

(a) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement and duration of income withholding orders issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant to § 403 of this title, except as provided in subsections (b), (c) and (d) of this section.

(b) The law of the jurisdiction which issued the support order shall govern the following:

(1) The interpretation of the support order entered under § 403 of this title, including amount, form of payment and the duration of support;

(2) The amount of support arrearages necessary to require the issuance of an income withholding order; and

(3) The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to interest, attorney’s fees, court costs and costs of paternity testing.

(c) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the law of this State or of the state which issued the support order entered under this chapter, whichever is longer.

(d) An employer who receives an income withholding order or notice issued by another state shall apply the income withholding law of the state of the obligor’s principal place of employment in determining:

(1) The employer’s fee for processing the income withholder order;

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

(3) The time periods within which the employer must implement the income withholding order and forward the child support payment;

(4) The priorities for withholding and allocating income for multiple child support obligees; and

(5) Any withholding terms or conditions not specified in the order.
13 Del. C. § 2213 — Delaware Code / Title 13 / Chapter 22 / Section 2213
§ Â
        2213. Parent locator information from interstate networks.
Status: in_force

(a) The Division of Child Support Services (the “Division”) shall have access to locator information contained in data systems used by the State for purposes which include, but are not limited to, motor vehicle and law enforcement.

(b) Upon request, the Division 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.

(c) Locator information obtained by the Division, as provided in subsection (a) of this section, shall be used only for the purposes of, and to the extent necessary for, the administration of activities authorized by Part D of Title IV of the Social Security Act (42 U.S.C. § 651 et seq.). No entity or individual who complies with the provisions of this section shall be liable in any civil or criminal action or proceeding brought by a putative father, an obligor or an obligee on account of such compliance.

(d) The Director of the Division shall be responsible for the preparation of policy, procedures and directives as may be required to implement this section.
13 Del. C. § 8-401 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-401
§ Â
        8-401. Establishment of registry.
Status: in_force

A registry of paternity is established in the Office of Vital Statistics.
13 Del. C. § 6-315 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-315
§ Â
        6-315. Nonparentage as defense.
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
13 Del. C. § 2201 — Delaware Code / Title 13 / Chapter 22 / Section 2201
§ Â
        2201. Designation of Title IV-D agency.
Status: repealed

The Division of Child Support Services is hereby established within the Department of Health and Social Services. Said Division shall constitute the IV-D agency authorized under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.). In addition to the powers and duties described in this chapter, the Division of Child Support Services shall have the power to perform and be responsible for the performance of all duties and functions heretofore vested in the Division of Child Support Enforcement under § 7930 of Title 29 (repealed) and the Bureau of Child Support Enforcement pursuant to Executive Order No. 76, dated June 30, 1975.
13 Del. C. § 701 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 701
§ Â
        701. Rights and responsibilities of parents; guardian appointment.
Status: repealed

(a) The father and mother are the joint natural guardians of their minor child and are equally charged with the child’s support, care, nurture, welfare and education. Each has equal powers and duties with respect to such child, and neither has any right, or presumption of right or fitness, superior to the right of the other concerning such child’s custody or any other matter affecting the child. If either parent should die, or abandon the family, or is incapable, for any reason, to act as guardian of such child, then, the custody of such child devolves upon the other parent. Where the parents live apart, the Court may award the custody of their minor child to either of them and neither shall benefit from any presumption of being better suited for such award.

(b) This section shall not affect the laws of this State relative to the appointment of a guardian of the property of a minor, or the appointment of a third person as a guardian of the person of the minor where the parents are unsuitable or where the child’s interests would be adversely affected by remaining under the natural guardianship of such child’s parents or parent.

(c) [Repealed.]
13 Del. C. § 8-314 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-314
§ Â
        8-314. Adoption of rules.
Status: in_force

The Division of Child Support Services may adopt rules to implement this subchapter.
13 Del. C. § 1301 — Delaware Code / Title 13 / Chapter 13 / Subchapter I / Section 1301
§ Â
        1301. Legitimating child conceived out of wedlock.
Status: in_force

A child conceived out of wedlock shall be legitimate if the parents shall marry before the birth of the child or if they shall marry after adjudication or acknowledgment of parentage after the birth of the child, or upon acknowledgment of the paternity made in writing by the parents, if both are living or by the father if the mother is not living and filed in the Office of Vital Statistics according to § 8-302 of this title or § 3121 of Title 16.
13 Del. C. § 6-103 — Delaware Code / Title 13 / Chapter 6 / Subchapter I / Section 6-103
§ Â
        6-103. State tribunal and support enforcement agency.
Status: in_force

(a) The Family Court of the State of Delaware is the tribunal of this State.

(b) The Division of Child Support Services is the support enforcement agency of this State.
13 Del. C. § 6-203 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-203
§ Â
        6-203. Initiating and responding tribunal of State.
Status: in_force

Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
13 Del. C. § 6-211 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-211
§ Â
        6-211. Continuing, exclusive jurisdiction to modify spousal-support order.
Status: in_force

(a) A tribunal of this State issuing a spousal-support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.

(b) A tribunal of this State may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(c) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal-support order may serve as:

(1) An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this State; or

(2) A responding tribunal to enforce or modify its own spousal-support order.
13 Del. C. § 114 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 114
§ Â
        114. Retention of marriage license by celebrant.
Status: in_force

The person performing the marriage ceremony shall retain the original or a copy of the marriage license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.
13 Del. C. § 6-504 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-504
§ Â
        6-504. Immunity from civil liability.
Status: in_force

An employer that complies with an income-withholding order issued in another state in accordance with this subchapter is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
13 Del. C. § 733 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 733
§ Â
        733. Stepparent custody in certain circumstances.
Status: in_force

Notwithstanding that there is a surviving natural parent, upon the death or disability of the custodial or primary placement parent, the Court, at the request of the stepparent shall continue the placement of the child or children with the stepparent pending a hearing on the merits, provided the child has or children have resided with the stepparent immediately prior to the death or disability of the custodial or primary placement parent. Where the child has or children have so resided with the stepparent the Court shall apply the provisions of § 722 of this title and may grant permanent custody or primary physical placement to the stepparent. If the Court grants custody or primary placement of the child or children to the stepparent, the stepparent shall have all of the rights and obligations of a parent until such time as the stepparent no longer has custody or primary placement of the child or children.
13 Del. C. § 929 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 929
§ Â
        929. Exchange of identifying information.
Status: in_force

(a) As part of the adoption planning and placement process, the Department or licensed agency may provide, when in the best interest of the child, identifying information to the birth parent or parents and to the adoptive parent or parents as follows:

(1) In the preplacement planning of adoption for children, identifying information shall be limited to the viewing of photographs, provided that such viewing is with the consent of birth parent or parents and adoptive parent or parents and further provided that no additional identifying information is contained in the photographs;

(2) After the placement selection process has been completed, and prior to the finalization of the adoption, identifying information may include, but is not limited to, the exchange of names, addresses, photographs and face-to-face meetings, provided that:

a. The birth parent or parents and adoptive parent or parents request the exchange of identifying information in writing; and

b. Birth parent or parents and adoptive parent or parents and the Department or licensed agency agree to the exchange of identifying information as specified in writing; and

c. The birth parent or parents and adoptive parent or parents acknowledge in writing their understanding that no legal right of or assurance of continuing contact after finalization of the adoption exists; and

d. The birth parent or parents and adoptive parent or parents acknowledge in writing and under oath that there has been no violation of § 928 of this title.

(3) Written consent to the exchange of identifying information, duly acknowledged, must be given by any child 14 years of age or over unless the Department or licensed agency deems it to be in the best interest of the child that such consent be waived.

(b) The Department or licensed agency may participate in the exchange of identifying information after the finalization of the adoption only with the agreement of the parties required to consent in accordance with subchapter III of this chapter or an order of the Court.
13 Del. C. § 2328 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2328
§ Â
        2328. Appeals.
Status: in_force

The petitioner, if the petition is not granted, or any person or organization who does not prevail in a petition for guardianship under this chapter, may, within 30 days after the entry of an order by the Court, take an appeal therefrom to the Supreme Court.
13 Del. C. § 920 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 920
§ Â
        920. Effect of adoption on inheritance.
Status: in_force

(a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from its natural parent or parents and from their collateral or lineal relatives. The rights of the natural parent or parents or their collateral or lineal relatives to inherit from such child shall cease upon the adoption.

(b) Upon the issuance of a decree of adoption, the adopted child shall acquire the right to inherit from its adoptive parent or parents and from the collateral or lineal relatives of such adoptive parent or parents, and the adoptive parent or parents and the collateral or lineal relatives of the adoptive parent or parents shall at the same time acquire the right to inherit from the adopted child.

(c) Nothing contained in this section shall limit in any way the right of any person to provide for the disposition of such person’s property by will. The rights of a child adopted after the making of a will by the adopting parent or parents shall be the same as the rights of an after-born child, as prescribed in § 301 of Title 12. When the adopting parent is a stepparent, married to the birth or legal parent, nothing contained in this section shall affect the rights of inheritance between the child and the birth or legal parent or their collateral or lineal relatives.
13 Del. C. § 2333 — Delaware Code / Title 13 / Chapter 23 / Subchapter III / Section 2333
§ Â
        2333. Subsidies.
Status: in_force

(a) DSCYF, in its discretion, may award subsidy moneys to guardians of the child where the Court finds:

(1) The grounds for guardianship have been met as set forth in this chapter; and

(2) The child was in the custody of DSCYF for a period of at least 1 year.

(b) The amount and duration of the subsidy shall be in the sole discretion of DSCYF.
13 Del. C. § 8-302 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-302
§ Â
        8-302. Execution of acknowledgment of paternity.
Status: in_force

(a) An acknowledgment of paternity must:

(1) Be in a record;

(2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish the man’s own paternity;

(3) State that the child whose paternity is being acknowledged:

(i) Does not have a presumed father, or has a presumed father whose full name is stated; and

(ii) Does not have another acknowledged or adjudicated father.

(4) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and

(5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances and is barred after 2 years.

(b) An acknowledgment of paternity is void if it:

(1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Statistics;

(2) States that another man is an acknowledged or adjudicated father;

(3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child; or

(4) Is signed by the mother or a man seeking to establish the man’s own paternity who is a minor at the time of signing the acknowledgment of paternity.

(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
13 Del. C. § 321 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 321
§ Â
        321. Definitions.
Status: in_force

As used in this subchapter:

(1) “Premarital agreement” shall mean an agreement between prospective spouses made in contemplation of marriage, and which is effective upon marriage.

(2) “Property” shall mean an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
13 Del. C. § 1908 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1908
§ Â
        1908. Notice to persons outside State.
Status: in_force

(a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication in print or on a legal notices website established by the Court if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
13 Del. C. § 6-311 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-311
§ Â
        6-311. Pleadings and accompanying documents.
Status: in_force

(a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under § 6-312 of this title, the petition or accompanying documents must provide, so far as known, the name, residential address, and Social Security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, Social Security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
13 Del. C. § 8-508 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-508
§ Â
        8-508. Genetic testing when specimen is not available.
Status: in_force

(a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:

(1) The parents of the man;

(2) Brothers and sisters of the man;

(3) Other children of the man and their mothers; and

(4) Other relatives of the man necessary to complete genetic testing.

(b) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
13 Del. C. § 709 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 709
§ Â
        709. Consent of a minor to donate blood voluntarily without the necessity of obtaining parental permission or authorization.
Status: in_force

(a) Anything otherwise provided in the law to the contrary notwithstanding, any person over 17 years old shall be eligible to donate blood in any voluntary and noncompensatory blood program without parental permission or authorization.

(b) The consent given by a minor under this section shall, notwithstanding such minority, be valid and legally effective for all purposes and shall be binding upon such minor, such minor’s parents, legal guardians, spouse, heirs, executors and administrators as effectively as if such minor were 18 years of age or over at the time of giving such consent. A minor giving such consent shall be deemed to have the same legal capacity to act and the same legal obligations with regard to giving such consent as if such minor were 18 years of age or over. Consent so given shall not be subject to later disaffirmance by reason of such minority and the consent of no other person or court shall be necessary for performance of the lawful procedures required to be performed in order to receive such donation.

(c) Such consent so given by a minor as described above shall be interpreted as a contract permitting penetration of tissue which is necessary to accomplish such donation.
13 Del. C. § 965 — Delaware Code / Title 13 / Chapter 9 / Subchapter III / Section 965
§ Â
        965. Affidavits.
Status: repealed

Repealed by 71 Del. Laws, c. 481, § 6, effective Jan. 18, 1999.
13 Del. C. § 2204 — Delaware Code / Title 13 / Chapter 22 / Section 2204
§ Â
        2204. Support payments.
Status: in_force

(a) In compliance with federal and state law, the Division of Child Support Services is authorized to receive and disburse support payments made on behalf of each obligee who is a recipient of public assistance, who signs an application to the Division for child support services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), or who receives child support pursuant to an income withholding order issued by the Court or Division pursuant to § 513 of this title.

(b) In all cases in which the Division is authorized pursuant to subsection (a) of this section to receive and disburse support payments, the Division may administratively change the payee to the Division. Such change shall not occur until the Division has provided prior notice of the change to all parties under the support order and offered an opportunity for any party to contest the change in payee. The Division shall establish procedures for a party to challenge the administrative change in payee.

(c) A child support obligor shall have no right of reimbursement from the Division of Child Support Services for any child support payment received and disbursed by the Division to an obligee who is not a recipient of public assistance.

(d) Notwithstanding any other law, rule or regulation to the contrary, a child support payment shall not be subject to attachment, garnishment or execution.

(e) In all cases in which the Division administratively changes the payee pursuant to subsection (b) of this section, the Division shall provide notice to all parties under the support order of the date of the obligor’s final payment at the following times, when applicable:

(1) Six months from the date of the final payment;

(2) Three months from the date of the final payment; and

(3) Upon receipt of the final payment.

(f) The Division shall establish procedures for applying the notice requirements as listed in subsection (e) of this section.

(g) In all cases when a child support wage attachment is in place, the Division shall immediately notify the noncustodial parent’s employer to immediately terminate the wage withholding when the parent’s child support obligation has been satisfied.

(h) The Division may recoup payments that it has received and disbursed to a payee but which the payee was not entitled to receive under the child support order. The Division shall give prior written notice to the payee of its intent to recoup. The notice shall state the amount the Division intends to recoup and how it was determined, the manner in which the Division intends to recoup the funds, and inform the payee of that payee’s right to an administrative hearing prior to any recoupment. If the payee fails to timely request a hearing, recoupment may proceed as described in the notice. The Division may recoup such payments by withholding not more than 10% of each disbursement due to the payee until the Division is reimbursed in full. Except as otherwise provided herein, all hearings and proceedings under this subsection shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. Recoupment shall not apply to payments received and disbursed pursuant to the terms of a child support order that is later modified.
13 Del. C. § 1101 — Delaware Code / Title 13 / Chapter 11 / Section 1101
§ Â
        1101. Definitions.
Status: in_force

As used in this chapter:

(1) “Alleged father” means as defined in § 8-102 of this title.

(2) “Child” means as defined in § 302 of Title 1.

(3) “Conviction” means as defined in § 222 of Title 11.

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

(5) “Delinquent child” means as defined in § 901 of Title 10.

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

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

(8) “Father” means an individual who has established a father-child relationship under § 8-201(b) of this title.

(9) “Individual” means a human being.

(10) “Infant” means a child who is less than 6 months old.

(11) “Licensed agency” means an agency to which the Delaware Department of Education, Office of Child Care Licensing has granted a license to place children for adoption.

(12) “Mother” means an individual who has established a mother-child relationship under § 8-201(a) of this title.

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

(14) “Parent” means as defined in § 8-102 of this title.

(15) “Parental responsibilities” means the care or support of a child in a manner that does both of the following:

a. Provides for the child’s physical needs, including food, clothing, and shelter.

b. Advances the child’s education and physical, mental, and emotional health and development.

(16) “Party” means a party in a termination of parental rights proceeding under this chapter.

(17) “Petitioner” means a petitioner in a termination of parental rights proceeding under this chapter.

(18) “Presumed father” means as defined in § 8-102 of this title.

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

(20) “Respondent” means a respondent in a termination of parental rights proceeding under this chapter.
13 Del. C. § 2410 — Delaware Code / Title 13 / Chapter 24 / Subchapter II / Section 2410
§ Â
        2410. Persons eligible to petition for third-party visitation.
Status: in_force

(a) Unless otherwise specified in this chapter, any adult person or persons may file a petition for a third-party visitation order regarding a child not that adult person’s or persons’ own against the child’s guardians, parents, or DSCYF, provided that the adult person or persons can establish that the adult person or persons petitioning for visitation:

(1) Has a substantial and positive prior relationship with the child; or

(2) Is a grandparent, aunt, uncle or adult sibling of the child.

(b) Unless otherwise specified in this chapter, a guardian ad litem may petition for a third-party visitation order on behalf of the child against the child’s guardian, parent, and/or DSCYF if:

(1) The adult person with whom visitation is sought consents to visitation with the child and;

(2) The adult person with whom visitation is sought:

a. Has a substantial and positive prior relationship with the child; or

b. Is a grandparent, aunt, uncle or adult sibling of the child.

(c) Any child, through a guardian ad litem, may file a petition seeking visitation with any other child with whom they have at least 1 parent in common.

(d) Notwithstanding subsections (a) through (c) of this section, if a parent’s rights have been terminated in the child with whom a parent seeks third-party visitation, the terminated parent and the terminated parent’s relatives are prohibited from filing for third-party visitation unless:

(1) More than 3 years have passed since the termination of parental rights order was entered and the child has not been adopted; or

(2) The adoptive parent, if there is only 1 adoptive parent, or both adoptive parents have previously entered into a written notarized agreement or court-approved agreement for continued visitation and a copy of the agreement is attached to the petition.
13 Del. C. § 2101 — Delaware Code / Title 13 / Chapter 21 / Section 2101
§ Â
        2101. Creation.
Status: in_force

The General Assembly hereby creates a permanent Domestic Violence Coordinating Council.
13 Del. C. § 6-501 — Delaware Code / Title 13 / Chapter 6 / Subchapter V / Section 6-501
§ Â
        6-501. Employerâs receipt of income-withholding order of another state.
Status: in_force

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under the income-withholding law of this State without first filing a petition or comparable pleading or registering the order with a tribunal of this State.
13 Del. C. § 2514 — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2514
§ Â
        2514. Court findings for children in DSCYF custody.
Status: in_force

Should the Court find the elements of § 2512(b) of this title, have been met, the Court shall make findings and issue orders at each subsequent hearing regarding the following:

(1) What the permanency plan is, and whether DSCYF has made reasonable efforts to finalize that permanency plan;

(2) If the permanency plan is another planned permanent living arrangement,

a. Whether the child is at least 16 years of age, as this plan is prohibited for any child less than age 16.

b. Whether DSCYF has documented its intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by DSCYF to return the child home or secure placement of the child with a fit and willing relative, including adult siblings, a legal guardian, or an adoptive parent, including thorough efforts that utilize search technology including social media, to find biological family members for the child.

c. What the child’s desired permanency outcome is by asking the child, or where not feasible, the child’s legal representative.

d. What are the compelling reasons that it continues to not be in the child’s best interests to be returned home, adopted, placed with a legal guardian or with a fit and willing relative.

(3) Whether DSCYF has ensured:

a. The caregiver is exercising the reasonable and prudent parent standard.

b. The child has regular, ongoing opportunities to engage in age- or developmentally-appropriate activities, and that any barriers to participation have been identified and addressed.

c. The child has been consulted in an age-appropriate manner about the opportunities of the child to participate in the activities.
13 Del. C. § 124 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 124
§ Â
        124. Administration of oaths.
Status: in_force

Every person authorized by this chapter to issue licenses may administer oaths or affirmations to the parties applying for the license.
13 Del. C. § 919 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 919
§ Â
        919. General effect of adoption.
Status: in_force

(a) Upon the issuance of the decree of adoption, the adopted child shall be considered the child of the adopting parent or parents, entitled to the same rights and privileges and subject to the same duties and obligations as if such child had been born to the adopting parent or parents.

(b) Upon the issuance of a decree of adoption, the adopted child shall no longer be considered the child of such child’s birth parent or parents and shall no longer be entitled to any of the rights or privileges or subject to any of the duties or obligations of a child with respect to the birth parent or parents; but, when a child is adopted by a stepparent such child’s relationship to the birth parent who is married to the stepparent shall in no way be altered by reason of the adoption.
13 Del. C. § 2411 — Delaware Code / Title 13 / Chapter 24 / Subchapter II / Section 2411
§ Â
        2411. Contents of third-party visitation petition.
Status: in_force

Every petition for third-party visitation with a child filed under this chapter shall be verified and contain:

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

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

(3) A statement regarding the eligibility requirements set forth in § 2410 of this title;

(4) The name and address of the mother and the name and address of the father, alleged father, and/or presumed father. If either the name and/or address of any parent is not known, the petition shall include detailed information setting forth the efforts made to locate the parent;

(5) The name and last known address of the person or persons or organization holding parental rights, custody, and/or guardianship of the child; and

(6) A statement setting forth the grounds for visitation in § 2412 of this title.
13 Del. C. § 208 — Delaware Code / Title 13 / Chapter 2 / Section 208
§ Â
        208. Forms for civil union license; certification of civil union.
Status: in_force

(a) The Department of Health and Social Services shall prescribe a civil union license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to properly record civil unions and the issuance of civil union licenses. The civil union license shall contain language authorizing any clergy or other person authorized by the law of this State to solemnize a civil union and shall show: The earliest and latest time the solemnization of the civil union 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, but not to exceed information collected for a marriage license under Chapter 1 of this title except as required to confirm eligibility under § 202 of this title. The license shall also contain a form of certification by the person performing the solemnization ceremony that the solemnization ceremony was performed and the date and time of such solemnization ceremony.

(b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize civil unions a suitable form for evidencing a civil union and the date and the place thereof, which form shall be completed and delivered without charge to one party to the civil union by the person performing the solemnization ceremony immediately after the solemnization ceremony. Such form may, but need not be, the original or a copy of the civil union license.
13 Del. C. § 127 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 127
§ Â
        127. False statement; penalty.
Status: in_force

If any person applying for a 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.
13 Del. C. § 8-201 — Delaware Code / Title 13 / Chapter 8 / Subchapter II / Section 8-201
§ Â
        8-201. Establishment of parent-child relationship.
Status: in_force

(a) The mother-child relationship is established between a woman and a child by:

(1) The woman’s having given birth to the child, unless she is not the intended parent pursuant to a gestational carrier arrangement;

(2) An adjudication of the woman’s maternity;

(3) Adoption of the child by the woman;

(4) A determination by the court that the woman is a de facto parent of the child; or

(5) The woman’s intending to be the mother of a child born pursuant to a gestational carrier arrangement; or

(6) The woman’s having consented to assisted reproduction by another woman under subchapter VII of this chapter which resulted in the birth of the child.

(b) The father-child relationship is established between a man and a child by:

(1) An unrebutted presumption of the man’s paternity of the child under § 8-204 of this title;

(2) An effective acknowledgment of paternity by the man under subchapter III of this chapter, unless the acknowledgment has been rescinded or successfully challenged;

(3) An adjudication of the man’s paternity;

(4) Adoption of the child by the man;

(5) The man’s having consented to assisted reproduction by a woman under subchapter VII of this chapter which resulted in the birth of the child; or

(6) A determination by the court that the man is a de facto parent of the child

(c) De facto parent status is established if the Family Court determines that the de facto parent:

(1) Has had the support and consent of the child’s parent or parents who fostered the formation and establishment of a parent-like relationship between the child and the de facto parent;

(2) Has exercised parental responsibility for the child as that term is defined in § 1101 of this title; and

(3) Has acted in a parental role for a length of time sufficient to have established a bonded and dependent relationship with the child that is parental in nature.
13 Del. C. § 6-104 — Delaware Code / Title 13 / Chapter 6 / Subchapter I / Section 6-104
§ Â
        6-104. Remedies cumulative.
Status: in_force

(a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(b) This chapter does not:

(1) Provide the exclusive method of establishing or enforcing a support order under the law of this State; or

(2) Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
13 Del. C. § 8-507 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-507
§ Â
        8-507. Additional genetic testing.
Status: in_force

The Court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under § 8-505 of this title, the court or agency may not order additional testing unless the party provides advance payment for the testing.
13 Del. C. § 1939 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1939
§ Â
        1939. Hearing and order.
Status: in_force

(a) Unless the court issues a temporary emergency order pursuant to § 1923 of this title, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) The child custody determination has not been registered and confirmed under § 1934 of this title and that:

a. The issuing court did not have jurisdiction under subchapter II of this chapter;

b. The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter; or

c. The respondent 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 enforcement is sought; or

(2) The child custody determination for which enforcement is sought was registered and confirmed under § 1934 of this title but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.

(b) The court shall award the fees, costs and expenses authorized under § 1941 of this title and may grant additional relief and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
13 Del. C. § 8-423 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-423
§ Â
        8-423. Admissibility of registered information.
Status: in_force

A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.
13 Del. C. § 724A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 724A
§ Â
        724A. Rebuttable presumption against unsupervised visitation, custody or residence of a child to a sex offender.
Status: in_force

(a) Notwithstanding other provisions of this title, there shall be a rebuttable presumption that no sex offender shall be awarded sole or joint custody of any child, that no child shall primarily reside with a sex offender, and that no sex offender shall have unsupervised visitation with a child.

(b) The above presumptions may be overcome if:

(1) There is not a criminal sentencing order prohibiting same; and

(2) There have been no further sexual offenses or criminal acts of violence; and

(3) The sex offender is in compliance with the terms of probation, if applicable; and

(4) The sex offender has successfully completed an intensive program of evaluation and counseling designed specifically for sex offenders and conducted by a public or private agency or a certified mental health professional, and as a result of such, does not pose a risk to children; and

(5) The sex offender has successfully completed a program of substance abuse counseling if the court determines such counseling is appropriate; and

(6) The best interests of the child would be served by giving residential or custodial responsibilities for the child or visitation with the child to the sex offender.

(c) Notwithstanding other provisions of this title, where the child who is the subject of the petition is also the victim of the sex offender, the court shall not award joint or sole custody to the sex offender, nor permit the sex offender to exercise custodial or residential responsibilities, nor permit any visitation, 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 under this subsection to be in the best interests of the child, the court shall then apply the remaining factors set forth in subsection (b) of this section.

(d) In those cases in which more than 1 party is a sex offender, or where the party currently having custodial rights has permitted the sex offender to exercise residential or custodial responsibilities for the child or have visitation with the child, in violation of a criminal or civil court order, the case shall be referred by the court to the Division of Family Services of the Department of Services for Children, Youth and Their Families for investigation as to whether the child is abused, dependent or neglected as a result of these circumstances.

(e) If a child is conceived and subsequently born as the result of an act of rape of any degree or unlawful sexual intercourse, in either the first or second degree with the mother, the biological father of said child shall not be permitted visitation privileges under this section. This subsection shall apply only where the father pleads guilty or nolo contender, or is convicted of any degree of rape or unlawful sexual intercourse, in either the first or second degree.
13 Del. C. § 8-304 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-304
§ Â
        8-304. Rules for acknowledgement and denial of paternity.
Status: repealed

(a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.

(b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.

(c) Subject to subsection (a) of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Office of Vital Statistics, whichever occurs later.

(d) [Repealed.]
13 Del. C. § 202 — Delaware Code / Title 13 / Chapter 2 / Section 202
§ Â
        202. Eligibility to enter into a civil union.
Status: in_force

Persons shall be eligible to enter into a civil union only if such persons both are:

(1) Not:

a. A party to a civil union with a different person;

b. A spouse in a marriage that is recognized as a marriage under Chapter 1 of this title; or

c. A party to a substantially similar legal relationship as a civil union such as, but not limited to, a domestic partnership, with a different person;

(2) At least 18 years of age;

(3) Of the same sex; and

(4) Not related to the other proposed party to the civil union, as provided in § 203 of this title.
13 Del. C. § 1911 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1911
§ Â
        1911. Taking testimony in another state.
Status: in_force

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this State may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this State shall cooperate with courts of other States in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
13 Del. C. § 908 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 908
§ Â
        908. Right to consent.
Status: in_force

(a) Except in the case of an adoption by a stepparent or blood relative, no petition for adoption shall be filed unless the child to be adopted is legally free for adoption. The consent to the adoption shall be granted by the Department or by the licensed or authorized agency in whom the parental rights are vested.

(b) In the case of an adoption by a stepparent or blood relative, the consent to the adoption shall be granted as follows:

(1) By mother of a child; and

(2) The biological father and any presumed father of a child; provided, however, that the consent of the alleged biological father or presumed father need not contain an admission that he is the father. In the event that the named biological or presumed father disclaims paternity, an affidavit signed by him to that effect shall be attached to the petition in lieu of a consent from the natural or presumed father. It is further provided that in the event of a petition containing statements described in § 906(7)b.1., 3. or 4. of this title, after a hearing in which it is established on the record that the mother and father of the child are not living together as husband and wife openly and that they have not done so nor married since the birth of the child, the Court may, following consideration of the social report, dispense with the requirement of the father’s consent in compliance with § 932 of this title.

(3) If, in the case of an adoption by a stepparent or blood relative, any person from whom consent is required is deceased, a certified copy of the death certificate of such person shall be filed with the petition in lieu of consent.

(c) If the individual in whom the right to consent exists is under the age of 18 years, this fact shall not be a bar to the giving of consent nor render the consent when given invalid.
13 Del. C. § 119 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 119
§ Â
        119. Public records; evidence.
Status: in_force

Such marriage forms and records as may be prescribed by the Department of Health and Social Services shall be kept by the issuing officer in the issuing officer’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. § 1514 — Delaware Code / Title 13 / Chapter 15 / Section 1514
§ Â
        1514. Resumption of maiden or former name.
Status: in_force

The Court, upon the request of a party by pleading or motion, may order that such party resume a maiden or former name.
13 Del. C. § 905 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 905
§ Â
        905. Appeal from decision of the Department or licensed agency.
Status: in_force

In any case where the Department or a licensed agency refuses to place a child for adoption when requested by the parent of the child, or refuses the request of any person that a child be placed with such person for adoption, or terminates any placement prior to adoption contrary to the wishes of the birth parent or prospective adoptive parent of the child, the decision of the Department or a licensed agency in so refusing or so terminating shall be final unless within 30 days after notice of refusal or termination, the birth parent or proposed adoptive parent shall appeal to the Family Court of the county in which the adoption is proposed. The Department or licensed agency shall not remove a child who is legally free for adoption from an adoptive placement prior to the adoption without good cause.
13 Del. C. § 112 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 112
§ Â
        112. Violations by clerk of the peace; penalties.
Status: in_force

Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine shall be imprisoned not more than 30 days.
13 Del. C. § 8-202 — Delaware Code / Title 13 / Chapter 8 / Subchapter II / Section 8-202
§ Â
        8-202. No discrimination based on marital status.
Status: in_force

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
13 Del. C. § 722 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 722
§ Â
        722. Best interests of child.
Status: in_force

(a) The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:

(1) The wishes of the child’s parent or parents as to such child’s custody and residential arrangements;

(2) The wishes of the child as to such child’s custodian or custodians and residential arrangements;

(3) The interaction and interrelationship of the child with such child’s parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best interests;

(4) The child’s adjustment to such child’s home, school and community;

(5) The mental and physical health of all individuals involved;

(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;

(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and

(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.

(b) The Court shall not presume that a parent, because of such parent’s sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child’s primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect such parent’s relationship with the child.
13 Del. C. § 2523 — Delaware Code / Title 13 / Chapter 25 / Subchapter III / Section 2523
§ Â
        2523. Duties, authority and liability protection of caregivers to children in DSCYF custody.
Status: in_force

(a) Caregivers of children in DSCYF custody have the responsibility and authority to exercise the reasonable and prudent parent standard to provide or withhold permission for children in their care to participate in and experience age-appropriate or developmentally-appropriate activities and experiences, including extracurricular, cultural and social enrichment. The authority of a caregiver:

(1) Must be exercised using the reasonable and prudent parent standard and the caregiver’s actions do not conflict with any applicable court order or service plan; and

(2) May be exercised without the prior approval of DSCYF or the Court.

(b) In determining whether a decision of a caregiver is reasonable and prudent according to § 2502 of this title, the following should be considered:

(1) The child’s age, maturity and developmental level to maintain the overall health and safety of the child.

(2) The potential risk factors to the child or to others and the appropriateness of the activity and experience for extracurricular, cultural or social enrichment.

(3) The wishes of the child.

(4) The wishes of the parent.

(5) The best interests of the child based on information known by the caregiver.

(6) The importance of encouraging the child’s emotional and developmental growth.

(7) The importance of supporting the child in developing skills to successfully transition to adulthood, including guidance on healthy sexual development.

(8) The importance of providing the child with the most family-like living experience possible.

(9) Any special needs or accommodations that the child may need to safely participate in the activity or experience.

(c) A caregiver is not liable for harm caused to a child who participates in an activity or experience approved by the caregiver if all of the following circumstances are met:

(1) The caregiver acts in accordance with the reasonable and prudent parent standard.

(2) The caregiver has completed the required training relating to the reasonable and prudent parent standard prior to giving the approval.

(3) The approval does not conflict with any applicable court order or service plan.

This section does not remove or limit any existing liability protection afforded by any other law.
13 Del. C. § 8-509 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-509
§ Â
        8-509. Deceased individual.
Status: in_force

For good cause shown, the court may order genetic testing of a deceased individual.
13 Del. C. § 1923 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1923
§ Â
        1923. Temporary emergency jurisdiction.
Status: in_force

(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 1920-1922 of this title a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 1920-1922 of this title. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 1920-1922 of this title, a child custody determination made under this section becomes a final determination if it so provides and this State becomes the home state of the child.

(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under §§ 1920-1922 of this title, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 1920-1922 of this title. The order issued in this State remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this State which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of a state having jurisdiction under §§ 1920-1922 of this title, shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to §§ 1920-1922 of this title, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
13 Del. C. § 2212 — Delaware Code / Title 13 / Chapter 22 / Section 2212
§ Â
        2212. Financial institution data matches.
Status: in_force

(a) The Division of Child Support Services shall enter into agreements with financial institutions doing business within this State to develop and operate, in coordination with such financial institutions, a data match system, using automated data exchanges to the maximum extent feasible, in which each such financial institution shall:

(1) Provide once for each calendar quarter the name, record address, Social Security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an account at such institution and who owes past-due support, as previously identified to each financial institution by the State by name and Social Security number or other taxpayer identification number; and

(2) In response to a notice of a lien or levy, encumber or surrender, as the case may be, once each calendar quarter, assets, less applicable fees and penalties, held by such institution in an account of any noncustodial parent who is subject to a child support lien pursuant to § 2215 of this title.

(b) The Division of Child Support Services shall pay a reasonable fee to a financial institution for conducting the data match provided for in this subsection, not to exceed the actual costs incurred by such financial institution.

(c) In cases where there is a support arrearage and the noncustodial parent is subject to a child support lien pursuant to § 2215 of this title, the Division of Child Support Services may, without the necessity of obtaining an order from any other judicial or administrative tribunal, secure assets in such noncustodial parent’s account, less applicable fees and penalties, to satisfy the arrearage by attaching and seizing such assets of the obligor held in financial institutions. The Division shall recognize and enforce the authority of state agencies of other states whereby the Division will enforce the child support liens on behalf of such state agencies in accordance with the procedures set forth in this section.

(d) If the Division obtains a financial record of an individual from a financial institution pursuant to subsection (a) of this section, the Division may disclose such financial record only for purposes of, and to the extent necessary in, establishing, modifying or enforcing a child support obligation of such individual.

(e) For purposes of this section, “financial institution” has the meaning given such term by 42 U.S.C. § 669a(d)(1). The term “account” means a demand deposit account, checking or NOW account, savings account, time deposit account, money-market mutual fund account, or voluntary public and private retirement fund account.

(f) Each financial institution doing business within this State shall enter into an agreement with the Division of Child Support Services to develop and operate, in coordination with the Division, the financial institution data match system described in this section. Those institutions which are not automated or compatible must identify themselves to the Division of Child Support Services within 180 days of passage of the legislation. The Division will work with these institutions to develop a data exchange process that is not unduly burdensome to the institution or the Division.

(g) A financial institution shall not be liable under any state law to any person or government agency for:

(1) Any disclosure of information to the Division of Child Support Services under this section; or

(2) Encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the Division of Child Support Services as provided in this title; or

(3) Any other action or omission taken in good faith to comply substantially with the requirements of this section.
13 Del. C. § 6-705 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-705
§ Â
        6-705. Direct request.
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 6-706 through 6-713 of this title apply.

(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the Division of Child Support Services.

(e) This subchapter does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
13 Del. C. § 1505 — Delaware Code / Title 13 / Chapter 15 / Section 1505
§ Â
        1505. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation.
Status: in_force

(a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable.

(b) A marriage is irretrievably broken where it is characterized by:

(1) Voluntary separation; or

(2) Separation caused by respondent’s misconduct; or

(3) Separation caused by respondent’s mental illness; or

(4) Separation caused by incompatibility.

(c) Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under paragraph (b)(2) of this section.

(d) The only defense to a divorce action shall be the failure to establish either:

(1) The marriage of the parties; or

(2) Jurisdictional requirements of § 1504 of this title; or

(3) That the marriage is irretrievably broken; or

(4) A defense permitted under subsection (c) of this section because of the characterization of the marriage under paragraph (b)(2) of this section.

(e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce.
13 Del. C. § 1501 — Delaware Code / Title 13 / Chapter 15 / Section 1501
§ Â
        1501. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Divorce and Annulment Act.”
13 Del. C. § 2350 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2350
§ Â
        2350. Intent.
Status: in_force

Permanent guardianship models the requirements of “legal guardianship” under the Adoption and Safe Families Act of 1997, Public Law 105-89, § 101(b), 42 U.S.C., § 675(7). Permanent guardianship is intended to create a relationship between a child and caretaker which is permanent and self-sustaining, and which creates a permanent family for the child without complete severance of the biological bond.
13 Del. C. § 8-105 — Delaware Code / Title 13 / Chapter 8 / Subchapter I / Section 8-105
§ Â
        8-105. Protection of participants.
Status: in_force

(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter shall be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court otherwise directs for good cause.

(b) Except as provided in § 8-633 of this title, all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the appropriate public agency or elsewhere, are subject to inspection by persons other than the parties only upon consent of the court, for good cause.
13 Del. C. § 8-623 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-623
§ Â
        8-623. Admission of paternity authorized.
Status: in_force

(a) A respondent in a proceeding to adjudicate parentage or in a proceeding for child support or in any other proceeding in which the parentage of the child is an element of the claim for relief or a defense may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.

(b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
13 Del. C. § 707 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 707
§ Â
        707. Consent to health care of minors.
Status: in_force

(a) Definitions. — As used in this section:

(1) “Blood testing” includes Early Periodic Screening, Diagnosis, and Treatment (EPSDT) testing and other blood testing deemed necessary by documented history or symptomatology but excludes HIV/AIDS testing and controlled substance testing or any other testing for which separate court order or informed consent as provided by law is required.

(2) “Medical treatment” means developmental screening, mental health screening and treatment, and ordinary and necessary medical and dental examination and treatment, including blood testing, preventive care including ordinary immunizations, tuberculin testing and well-child care. Medical treatment also means the examination and treatment of any laceration, fracture or other traumatic injury, or any symptom, disease or pathology which may, in the judgment of the treating health care professional, if left untreated, reasonably be expected to threaten health or life.

(3) “Relative caregiver” or “caregiver” means an adult person, who by blood, marriage or adoption, is the great grandparent, grandparent, step grandparent, great aunt, aunt, great uncle, uncle, stepparent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin or first cousin once removed of a minor and with whom the minor resides, but who is not the legal custodian or guardian of the minor.

(b) Parties authorized to give consent. — Consent to the performance upon or for any minor by any licensed medical, surgical, dental, psychological or osteopathic practitioner or any nurse practitioner/clinical nurse specialist or any hospital or public clinic or their agents or employees of any lawful medical treatment, and to the furnishing of hospitalization and other reasonably necessary care in connection therewith, may be given by:

(1) A parent or guardian of any minor for such minor;

(2) A married minor for such minor or, if such married minor be unable to give consent by reason of disability, then by such minor’s spouse;

(3) A minor of the age of 18 years or more for such minor;

(4) A minor parent for such minor parent’s child;

(5) A minor or by any person professing to be serving as temporary custodian of such minor at the request of a parent or guardian of such minor for the examination and treatment of (i) any laceration, fracture or other traumatic injury suffered by such minor, or (ii) any symptom, disease or pathology which may, in the judgment of the attending personnel preparing such treatment, if untreated, reasonably be expected to threaten the health or life of such minor; provided, however, that the consent given shall be effective only after reasonable efforts shall have been made to obtain the consent of the parent or guardian of said minor; or

(6) A relative caregiver acting pursuant to an Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minors.

(c) Effect of consent. — Any consent given by or for a minor pursuant to the authority of any provision of this chapter shall be valid and effective for all purposes, and, notwithstanding any misrepresentation as to age, status as parent, guardian or custodian or as to marital status, made to any practitioner, hospital or clinic for purposes of inducing the furnishing of health care to such minor, shall bind such minor, that minor’s parent, spouse, heirs, executors and administrators and shall not be subject to subsequent disaffirmance by reason of minority.

(d) Liability of persons responsible for medical care. — Nothing contained in this section shall be construed to relieve any practitioner, hospital, clinic or their agents or employees from liability for negligence in diagnosis, care and treatment or for the performance of any procedure not reasonably required for the preservation of life or health.
13 Del. C. § 1107 — Delaware Code / Title 13 / Chapter 11 / Section 1107
§ Â
        1107. Time for hearing; preparation of social report.
Status: in_force

(a) If a petition for the termination of parental rights is filed and DSCYF or a licensed agency is a party to the proceedings, the Court shall set a date for a hearing on the petition and shall cause notice of the time, place, and purpose of the hearing to be served as required under § 1107A of this title. Absent good cause, a social report must be filed no later than 1 week prior to the hearing.

(b) If a petition for termination of parental rights is filed and DSCYF or a licensed agency is not a party, the Court shall order DSCYF or a licensed agency to file a social report within 6 months. The Court shall set a date for a hearing to take place after the report is to be filed, but not earlier than 12 months after the filing of the petition for proceedings under § 1103(a)(6) of this title, and notice must be accomplished under § 1107A of this title.

(c) The information contained in the social report must consider the best interest factors under § 722 of this title and include all of the following:

(1) Information regarding the child and the child’s background.

(2) The history of the child’s custody, visitation, and living arrangements.

(3) Information regarding the parents.

(4) Information regarding the petitioners.

(5) a. Information regarding efforts at reunification with the parents if the petition is filed under § 1103(a)(5) of this title.

b. Information regarding the allegations of dependency and neglect if the petition is filed under § 1103(a)(6) of this title.

(6) The plan for the child if the petition is granted.

(7) A statement that the person preparing the social report or the petitioner has advised each birth parent whose name and whereabouts are known to the petitioner of the birth parent’s right to file a written notarized statement with the Office of Vital Statistics denying the release of identifying information under § 923(b) of this title.
13 Del. C. § 216 — Delaware Code / Title 13 / Chapter 2 / Section 216
§ Â
        216. Dissolution of a civil union.
Status: in_force

A civil union entered into or otherwise recognized under this chapter may be dissolved in the same form and manner as marriages entered into or otherwise recognized under Chapter 1 of this title; provided, however, notwithstanding §§ 1504 and 1505(d) of this title, the Family Court of this State shall have, in addition to any other basis for jurisdiction it would otherwise have, jurisdiction over all proceedings for divorce and annulment of civil unions that are solemnized in this State under this chapter notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. All persons who enter into a civil union solemnized in this State consent to the nonexclusive jurisdiction of the Family Court for all proceedings for divorce and annulment of such civil union, even if 1 or both parties no longer reside in this State. If neither of the parties to a civil union solemnized in this State reside in this State, any petition for divorce or annulment of such civil union shall be filed in the county in which 1 or both of such parties last resided in this State.
13 Del. C. § 6-207 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-207
§ Â
        6-207. Determination of controlling child-support order.
Status: in_force

(a) If a proceeding is brought under this chapter and only 1 tribunal has issued a child-support order, the order of that tribunal controls and must be recognized.

(b) If a proceeding is brought under this chapter, and 2 or more child-support orders have been issued by tribunals of this State, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this State having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

(1) If only 1 of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.

(2) If more than 1 of the tribunals would have continuing, exclusive jurisdiction under this chapter:

a. An order issued by a tribunal in the current home state of the child controls; or

b. If an order has not been issued in the current home state of the child, the order most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this State shall issue a child-support order which controls.

(c) If 2 or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this State having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to subchapter VI of this chapter, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this section has continuing jurisdiction to the extent provided in § 6-205 or § 6-206 of this title.

(f) A tribunal of this State that determines by order which is the controlling order under paragraph (b)(1) or (2) or subsection (c) of this section, or that issues a new controlling order under paragraph (b)(3) of this section, shall state in that order:

(1) The basis upon which the tribunal made its determination;

(2) The amount of prospective support, if any; and

(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 6-209 of this title.

(g) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
13 Del. C. § 141-151 — Delaware Code / Title 13 / Chapter 1 / Subchapter II / Section 141-151
§ ÂÂ
        141-151. Physicianâs certificate of premarital physical examination and serological test; filing; consent to examinations and tests; free examination; laboratory test and report; serological test; approved laboratory; duty of State Board of Health; laboratory report form; distribution and inspection; examinations and tests outside State; military personnel; waiver of examination and test; proceedings; certificates, laboratory reports, applications and court orders should be confidential; penalty; misrepresentations and other offenses; penalty; construction of subchapter; conflict with other laws.
Status: repealed

Repealed by 63 Del. Laws, c. 457, § 1, effective July 23, 1982.
13 Del. C. § 8-307 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-307
§ Â
        8-307. Proceeding for rescission.
Status: in_force

A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:

(1) Sixty days after the effective date of the acknowledgment or denial, as provided in § 8-304; or

(2) The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
13 Del. C. § 8-106 — Delaware Code / Title 13 / Chapter 8 / Subchapter I / Section 8-106
§ Â
        8-106. Determination of maternity.
Status: in_force

Provisions of this chapter relating to determination of paternity apply to determinations of maternity.
13 Del. C. § 6-306 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-306
§ Â
        6-306. Inappropriate tribunal.
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this State, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner where and when the pleading was sent.